Apolonio Solorio v. City of San Jose

Michael Allan Farbstein

Case Conclusion Date:April 17, 2008

Practice Area:Constitutional

Outcome:Plaintiffs' jury verdict, net of $25,000.00.

Description:Civil rights case, arising from the incarceration of an innocent man. The case was tried without the plaintiff, who had been deported by the time of trial. The Federal Court jury decided, unanimously, that the investigating officer, San Jose Police Detective John Mitchell, demonstrated deliberate indifference to the need to produce exculpatory evidence to the D.A., which ultimately led to Mr. Solorio's release. The jury awarded slightly more than the amount requested by plaintiff's attorneys -- a net of $25,000.00. Nine months later, the court granted post trial motions in favor of the defense, leading to an appeal. The case settled favorably for the plaintiff, with the help of a 9th Circuit mediator. Plaintiff was represented at trial by Michael Farbstein of Farbstein & Blackman, San Mateo, & Tim Schmal of Burton, Volkmann & Schmal, LLP, Santa Cruz.