Recovery of $872,651.02 for Excessive Force & Unlawful entry into home
Jan 19, 2017
OUTCOME: Judgment for $745,651.01; Total Recovery: $872,651.02
Modesto Police officers forced their way into the Plaintiffs' home, over their objection, and Officer John C. Lee pushed Ms. Mugrauer down, causing her to strike the ground and fracture her hip. She la...ter required surgery and extended rehabilitation. MPD Officer Randy Raduechel also unlawfully detained (de-facto arrested) Plaintiff Wade Mugrauer in handcuffs, in his own home, before eventually releasing him.
A judgment was obtained for Ms. Mugrauer in the amount of: $745,651.01
A settlement for Wade Mugrauer was obtained for:
$60,000.01
The attorney's fees and costs were settled for:
$67,000.00
See:
http://www.modbee.com/news/article146527469.html
Civil rights
$525,000.00 Recovery in Excessive Force (K-9) False Arrest Case
Mar 16, 2016
OUTCOME: $525,000.00 Settlement
Basic Facts
Plaintiff, due to a bad reaction from the combination of pain medication, cold medicine, and cough medicine, was in an altered state. He was in his truck, with the engine running, and woul...d not get out. His family called 911 for medical help, and a firetruck and EMTs arrived, but police officers were dispatched, too. The first officers on-scene claimed they were told by an EMT that Plaintiff had backed up his truck and almost struck one of the EMTs. Plaintiff's truck was blocked in, but the officers got tired of waiting (after about an hour), and Plaintiff would not turn the engine off and get out. They also claimed he had put the car in reverse a few times and that they were concerned he would try to drive off, but this was disputed. The officers decided my client needed to be "extracted" from the truck.
One officer "distracted" my client at the driver's side, while the K-9 officer went to the passenger's side of the truck, poised to deploy his K-9. Another officer opened the driver's door and the K-9 officer deployed his K-9 into the enclosed truck. Plaintiff was pulled from the truck, thrown to the ground, and subjected to strikes and kicks because he was "resisting" (i.e., defending himself). He was arrested and taken to the hospital in handcuffs.
Main injury: Plaintiff's underarm was ripped open, creating a deep wound. The sizable axilla wound later became infected, requiring additional treatment. He also sustained several puncture wounds and serious bruising, and was diagnosed with PTSD.
This was a classic case of "hurt a man, charge a man." He was charged with resisting/delaying/obstructing under Pen. Code section 148; the DA offered a full dismissal if he would promise not to sue (which is unethical), but he went to trial, and was resoundingly acquitted. We brought the civil rights case following his acquittal.
Past Special Damages:
$12-938.71 - $25,313.59 (depending on whether an ER visit totaling $12,373.88, 6 wks after the incident, could have been linked to the force or not)
Residual Injuries:
Scarring of the subcutaneous axillary tissues related to the infectious complications of the axillary dog bite, which lead to chronic irritation of the brachial plexus and branches, aggravated by any stretching or movement of the axillary tissues. PTSD. Some external scars.
Civil rights
Excessive Force Case Causing Broken Arm
Feb 24, 2015
OUTCOME: Recovery of $312,500.00
A police officer exerted a high degree of force on a handcuffed young woman's arm, causing it to break in three places and necessitating surgery.
Personal injury
Slip and Fall in Supermarket Causing Back Injury
Mar 03, 2014
OUTCOME: $250,000.00 Settlement
Confidential Plaintiff v. Confidential Defendant: Our client slipped on water that had leaked from a broken freezer in a supermarket, falling down and suffering vertebral fractures. Our client suffered... from bad low-back pain and bilateral radiculopathy. MRIs showed a significant disc injury, but back surgery was not required. A settlement was reached on the eve of trial after extensive discovery and litigation.
Civil rights
False Arrest/Unlawful Strip Search
Feb 04, 2014
OUTCOME: Case Settled for 247,500.00
Our client was detained at his place of work, searched, and later arrested, despite the absence of any information corroborating the officer's unsupported hunch that our client was in possession of dru...gs. After finding nothing in our client's possession at the scene of his arrest, the officer arrested him, took him to the police station, and conducted a strip search/visual body cavity search.
DUI and DWI
DUI - DMV HEARING
Dec 09, 2013
OUTCOME: DMV Hearing Won. Suspension Set Aside s of December 9, 2013
DMV driver's license suspension for DUI arrest.
Personal injury
Settlement obtained in trip-and-fall case
Nov 01, 2013
OUTCOME: Settled case for $75,000.00
Client tripped and fell in a large chain store, since an employee was carelessly doing side-work during store hours and created a tripping hazard.
Personal injury
Serious Injury
May 08, 2013
OUTCOME: $310,000.00 (confidential settlement with insurer)
Pedestrian Struck by Drunk Driver
Civil rights
Unlawful Seizure & Unlawful Arrest
Apr 01, 2013
OUTCOME: $120,000.00 Settlement
Police officers, without a warrant, entered the Plaintiffs' home, refused to leave, unlawfully arrested Plaintiff Letona, and unlawfully effectuated a repossession of a vehicle on behalf of a private r...epossession company. Plaintiff Letona was released from custody after the car was taken and, fortunately was never charged with a crime.
“For me, it’s amazing,” Letona, 53, said. “My attorney really did a good job. I never thought we’d win, but the police made a big mistake to enter my home.”
Schmidt, the family’s attorney, said Letona is a former volunteer with the Redwood City Police Department and her son is a Marine who has served in Afghanistan.
“She’s like anybody’s neighbor,” Schmidt said. “They are just a regular American family.”
Read more here: http://www.modbee.com/2013/04/17/2674148/modesto-pays-120k-fine-to-settle.html#storylink=cpy
DUI and DWI
DUI - Solo Accident (San Mateo County)
Nov 05, 2012
OUTCOME: CASE DISMISSED prior to trial
Time-Not-Waived Jury trial continued by court over defense's objection at the request of DA. Motion to Dismiss denied. Pretrial Writ Petition brought to Appellate Division.
Writ Petition GRANTED.
