Green v. County of San Diego, et al.
Published: Aug. 2, 2001 | Result Date: Dec. 20, 2000 | Filing Date: Jan. 1, 1900 |Case number: 981648JM Verdict – $1,500,000
Judge
Court
USDC Southern District of California
Attorneys
Plaintiff
Michael R. Marrinan
(Law Offices of Michael R. Marrinan)
Defendant
Experts
Plaintiff
Harlan Shiffman
(technical)
Defendant
Jane Holman
(technical)
Facts
The plaintiff, a concert promoter, had planned, promoted and staged a two day concert and music festival at a 150
acre recreational vehicle park and campground. The plaintiff obtained all necessary permits from all agencies
and he had a full concert staff that included 40 security guards from a large security firm located in San Diego
county. He promoted the event for six months and spent approximately $70,000.
The County SheriffÆs Department denied having Border Patrol agents set up an immigration checkpoint at an
intersection where people need to travel to reach the concert, about four miles away. The SheriffÆs Department
and Border Patrol agents stopped and searched almost every vehicle, causing great delay and long lines of
traffic. Sniff dogs were used without consent and without probable cause and the occupants of the vehicles
were "pat-down" searched. The Border Patrol canine would alert to narcotics in a walk around the exterior of a
vehicle made by the Border PatrolÆs agent/handler. When nothing was found, the SheriffÆs and Border Patrol
agents told the would-be concert patrons that the event was canceled or sold out.
According to the defendants, the Border Patrol agents testified that they set up their checkpoint on the first day
of the concert because they had not operated the checkpoint in more than one month before the concert and that
their decision to operate the checkpoint had nothing to do with the concert. The defendants claimed the Border
Patrol agent in charge of the checkpoint asked the SheriffÆs Department to provide cover several hours after the
Border Patrol started operating because the Border Patrol Agents were encountering a large number of vehicles
containing small amounts of narcotics and all agents were too busy with said confiscations to provide security
for other agents conducting immigration searches. The plaintiff claimed that numerous SheriffÆs Deputies were
stationed at the immigration checkpoint throughout the night.
The defendants claimed the SheriffÆs Department did not have a canine at the scene and only searched persons
whom the Border Patrol found in possession of felony amounts of narcotics, arrested and turned over to
SheriffÆs deputies whom the Border Patrol called to their checkpoint. The defendants also claimed the SheriffÆs
Department helicopter made only one five-minute circle around the concert grounds to estimate the size of the
crowd attending the event, then left the area and did not return.
About 1,500 people attended the event rather than the expected 5,000. The concert was a financial disaster and
plaintiff was unable to pay many of the performers and vendors. Those that attended the concert were treated
with law enforcement driving loud, off-road motorcycles while the concert was being performed, SheriffÆs flew
a helicopter over the site during key performances, while other deputies drove large off road vehicles or were
on foot further disrupting the concert.
The plaintiff suffered substantial financial losses as a result of the acts of defendants and he lost thousands of
paying customers. He suffered severe damage to his reputation, loss of his career as a concert promoter and
suffered emotional distress as a result of the acts of defendants.
Settlement Discussions
The plaintiff demanded $500,000. The defendants offered $75,000 shortly before trial.
Damages
Financial loss, $70,000 out of pocket, emotional distress and loss of career as a concert promoter.
Deliberation
two days
Poll
8-0 (Sheriff's sergeant in command was found liable. The county found liable on State Law claims. A second Sheriff's deputy was found not liable)
Length
three weeks
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