FRESNO, CA, October 5, 2006 – In what is believed to be the largest pretrial settlement by the City of Fresno in a non-fatal police excessive force case, Morrison & Foerster obtained a $1.6 million settlement in its representation of a couple beaten by a Fresno Police Department (“FPD”) officer.  The settlement came on the eve of a trial which was scheduled to begin before the Honorable Oliver Wanger on September 26, 2006, in the United States District Court, Eastern District of California.

On the evening of March 5, 2005, Gabriel and Rebecca Rodriguez attended a gathering of family and friends at a private residence in Fresno to celebrate the return of an American soldier from Iraq.  FPD officers arrived at the home following a disturbance call.  Witnesses testified that, moments later, one of the officers proceeded through the front doorway of the residence, with his baton in hand, and without provocation began to beat the Rodriguezes, who were standing in the front living room engaged in conversation.  The officer’s blows to Gabriel resulted in damage to his head.  As Gabriel fell to the ground, Rebecca draped herself over him in an effort to protect him.  According to witnesses, the officer continued to strike them numerous times.  After the beating, the Rodriguezes were arrested, detained and charged with battery of a peace officer, resisting arrest, and fighting in public.

When the Rodriguezes lodged a complaint with the City of Fresno, the City rejected their claim and explained that the FPD acted properly.  Morrison & Foerster then filed a lawsuit on behalf of the Rodriguezes in federal court against the City of Fresno and the officer that struck the couple.

In the lawsuit, the Rodriguezes claimed that they were falsely arrested; that the officer committed assault and battery against them; and that the officer used excessive force in violation of their Fourth Amendment rights under the U.S. Constitution.  The Rodriguezes further contended that their injuries were the result of an unconstitutional policy, pattern, practice, and custom of the City of Fresno (including the FPD) to arrest individuals through excessive force and without probable cause.  Specifically, they claimed that the City and FPD failed to monitor, supervise, train, and discipline the officer and his supervisor in connection with this incident and other incidents; that the City and FPD failed to adequately investigate claims of related misconduct by these officers; and that these failures by the City and FPD amounted to “deliberate indifference” and tolerance of the unconstitutional conduct that caused their injuries.  

All of these claims were set for a jury trial September 26, 2006.  As part of this settlement, in an unprecedented move by the City of Fresno, the Rodriguezes will obtain the equivalent of a jury verdict on their claims; the United States District Court will enter a judgment in the Rodriguezes’s favor on all of their claims against the City of Fresno and the officer that struck them. 

“We are extremely pleased with the result of this case.  Nothing can change what happened to the Rodriguezes on the evening they were beaten, including the physical injuries they suffered that night and the emotional trauma they’ve been forced to endure since then to clear their names and to fight the false charges leveled against them.  This settlement is vindication for the Rodriguezes.  They are now prevailing in a court of law on all their claims against the City of Fresno and the officer who struck them,” said Ken Brakebill, a partner at Morrison & Foerster who, along with partner Arturo González, led the Morrison & Foerster team representing the Rodriguezes.

Added Brakebill, “It has been a long, hard process to unearth the evidence to get us to where we are now, but the City of Fresno now clearly recognizes that we have uncovered some serious issues, both for the particular officers involved and for the FPD generally.  This settlement is an important step in the right direction in addressing these issues.”

This is the tenth civil rights case that González has won in the Central Valley in the past 15 years.  “I can’t do it all by myself,” González said.  “Thankfully, I have partners like Ken who are willing to devote the same energy for low-income clients in civil rights cases as Morrison & Foerster does for paying clients.”

As Morrison & Foerster proceeded to uncover evidence in this case, all pending criminal charges against the Rodriguezes were dismissed.

As part of the settlement, the City of Fresno agreed to retain all records in the case for five and a half years.  This includes transcripts of under-oath testimony from dozens of witnesses and thousands of pages of documents turned over by the City of Fresno after Morrison & Foerster went to court on multiple occasions to compel their production.

For more information on the case: Rodriguez v. City of Fresno et al., consolidated in Case No. 1:05-cv-00661-OWW-DLB (Rendon v. Fresno Police Department et al.), United States District Court, Eastern District of California.