Verdicts & Settlements

Plaintiff Verdict.

Vivian McKinn v. County of San Bernardino. Plaintiff filed a lawsuit in federal court alleging civil rights violations for claims of cruel & unusual punishment under the 8th Amendment, along with various supplemental state tort claims asserting a class action. The class action was dismissed and the rest of the claims went to trial. The plaintiff did not prevail on any federal civil rights claims; therefore there was no award of attorney's fees. The jury awarded the plaintiff $49,000 based upon a negligence claim.

Defense Verdict.

Mauro Galarza v. County of San Bernardino, et. al. Plaintiff filed a complaint alleging violation of civil rights for excessive force, unlawful seizure and deprivation of due process. Defendant deputies were dispatched to an illegal cock fight where the plaintiff was in attendance along with approximately one hundred other individuals. The patrons were alerted to law enforcement and scattered. The plaintiff alleges that he was assaulted by unknown deputies. A defense verdict was rendered.

Plaintiff verdict.

Aragonez, et al. v. County of San Bernardino. This was the second jury trial over a lawsuit alleging excessive force, excessive detention and false arrest violations against a San Bernardino County Sheriff Deputy and a California Highway Patrol Officer. Plaintiffs were arrested for 647f and on their way to jail kicked out the windows of the patrol vehicle. The felony vandalism charges were later dismissed and their civil rights claims went to trial. The second trial resulted in a verdict for plaintiffs. Plaintiffs were awarded $3,000 and 4,000 respectively.

Defense verdict.

Moore, et al. v. Conley. This was a shooting case that resulted in a lawsuit for claims for violations of civil rights which included a wrongful death and survival action against the County of San Bernardino and a San Bernardino County Deputy.

Mistrial.

Aragonez, et al. v. County of San Bernardino. Plaintiffs filed a lawsuit alleging excessive force, excessive detention and false arrest violations against a County of San Bernardino Sheriff Deputy and a California Highway Patrol Officer. Plaintiffs were arrested for 647f and on their way to jail kicked out the windows of the patrol vehicle. The felony vandalism charges were later dismissed and their civil rights claims went to trial. The jury was unable to reach a unanimous verdict and a mistrial was declared.

Defense verdict.

Alemazkour v. County of San Bernardino. Plaintiff alleged deputies used excessive force and arrested him without justification or probable cause after he called the Sheriff's Department to report his wife was physically abusing their children. Jury found in favor of defendants.

Defense verdict.

Yacobucci v. County of San Bernardino. This case involved civil rights excessive force claims involving the use of multiple blows from a baton. The jury trial lasted four weeks.

Settled

Tushkov v. County of San Bernardino, et. al. This case is a double fatality road case claiming a dangerous condition of public property. The case was mistried during jury selection and is slated for trial to commence July 30, 2007.

Affirmed on Appeal.

Maragno v. County of San Bernardino. This is a case where summary judgment was granted on the issue of no duty owed by the Sheriff's Department in providing assistance to a 911 caller which resulted in a death. This summary judgment was affirmed on appeal by the Fourth District Court of Appeal.

Reversed and qualified immunity granted.

Brittain v. Campbell. The Ninth Circuit reversed the trial court's denial of qualified immunity for a San Bernardino County Sheriff Deputy. The Deputy was enforcing a child custody order and was sued for violating the Fourteenth Amendment for his interference with the family relationship between two divorced parents. The Ninth Circuit ruling further delineated the issue of qualified immunity for police officers.

Affirmed on appeal.

Sherburne v. County of San Bernardino. Summary judgment was granted to the County of San Bernardino on various civil rights claims and state tort claims arising out of the execution of search warrants and seizure of property. The summary judgment was affirmed on appeal before the Fourth Appellate District and the California Supreme Court denied review.

Defense verdict.

Gile v. County of San Bernardino, et al. This was a federal jury trial involving civil rights excessive force claims and wrongful arrest.

Defense verdict.

Center v. County of San Bernardino, et al. This was an employment case alleging termination based upon retaliatory actions in violation of the Plaintiff's First Amendment rights to freedom of speech and association. The defense verdict was rendered after approximately an 8 day federal jury trial. The Ninth Circuit upheld the defense verdict on appeal.

Dismissal after two mistrials.

Zwick v. County of San Bernardino, et al. Federal jury trial involving civil rights wrongful arrest and failure to train. Plaintiff's counsel dismissed after summary judgment was granted by the Court on key issues of the case.

Defense verdict.

Ogunrinu v. City and County of San Bernardino, et al. This case included false imprisonment and excessive force civil rights claims.

Settlement during trial of $45,000 on 3 year old case.

Backer v. County of San Bernardino. This case was a federal jury trial involving civil rights excessive force and wrongful arrest claims.

Defense verdict

Boruff v. San Bernardino County. This case involved a wrongful termination case involving ADA issues with Plaintiff claiming the Defendant failed to accommodate his disability.

Settled during trial before punitive damages phase.

Tom Austin v. County of San Bernardino, et al. This case involved multiple claims against the Sheriff's Department for a search, use of force and wrongful arrest. The case settled for $325,000 after a finding of liability before a punitive phase for trial.

Defense verdict.

Baumbauer v. County of San Bernardino, et al. Motor vehicle personal injury case. Plaintiffs turned down $50,000.00 offer before trial.

Defense verdict.

Lowry v. County of San Bernardino. This case involved wrongful arrest, excessive force and civil rights claims.

Plaintiff verdict.

Malkenson v. County of San Bernardino. This was the third jury trial over a horrific car wreck that took place on I-40. The first two trials were mistried as the jury could not reach a verdict, first trial- 7-5 for plaintiff; second trial 8-4 for defense. The third trial resulted in a verdict in the sum of approximately $280,000 with medical specials of approximately $130,000. The demands were never less than $500,000 and neither side prevailed on their 998 demands.

Verdict reversed on appeal.

Neshat v. County of San Bernardino, et al. This case involved defamation claims by a Deputy D.A. against a Deputy Public Defender claiming the statements were not made in the course of his job duties. The case went to trial and a verdict of $250,000 was rendered against the Defendants. This was overturned on appeal as the Appellate Court ruled the comments were not actionable as they were opinions and not factual assertions.