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CONFIDENTIAL

Aug. 23, 1997

Civil Rights
Police Misconduct
Excessive Force

Confidential

Settlement –  $65,000

Judge

Charles A. Legge

Court

USDC Northern


Attorneys

Plaintiff

Matthew Kumin

Randy Daar


Defendant

Kimon Manolius


Facts

On April 29, 1995, the plaintiff, a 17-year-old male, was chased by an officer of the defendant police department who identified the plaintiff as the driver of a recklessly driven vehicle. The officer cornered the plaintiff in the alley. The plaintiff claimed that the officer, who knew the plaintiff as the friend of a deceased killed by the same officer, said: "You're lucky, I don't do you like I did your friend," and beat the plaintiff who was not resisting. The plaintiff claimed the officer left a boot mark on the side of plaintiff's face. The defendants claimed the plaintiff was speeding through a residential neighborhood when officers pursued him on foot, and he was cornered. The defendants claimed the plaintiff resisted, causing the officers to use force to effectuate the arrest. The plaintiff brought this action against the defendants based on violation of civil rights and assault and battery theories of recovery.

Settlement Discussions

The settlement discussions were not disclosed.

Specials in Evidence

$______________ $______________

Injuries

The plaintiff suffered a concussion, requiring four days of hospitalization.

Other Information

The settlement was reached approximately one year and three months after the case was filed.


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