Fourth Amendment - False Arrest

On Jan 30, 2010, Mr. Conforti traveled to Westport to help his sister, who is confined to a wheelchair. Mr. Conforti made arrangements with his sister’s neighbor to collect fallen branches from the neighbor’s yard, in order to heat his sister’s home. As Mr. Conforti drove through the neighborhood, he was followed by off-duty officer Napert. Napert arrested Mr. Conforti for larceny of wood, disorderly conduct and resisting arrest. Witnesses heard Mr. Conforti, a cancer survivor who had tracheal resection surgery, plead for help because he had wires in his chest and he had trouble breathing.

On May 19, 2010, Boston police officers arrested Ms. Wernikoff, a male-to-female transgender woman, because she was using the women’s bathroom at a homeless shelter. Ms. Wernikoff’s use of the bathroom based on her gender identity was entirely appropriate, as both BPHC policy and a Boston city ordinance make clear. Officers took Ms. Wernikoff to the police station, where male officers including forced her to remove her shirt and bra, exposing her breasts, and to jump up and down, causing her breasts to jiggle. The officers laughed at Ms. Wernikoff. She felt humiliated and degraded.

Plaintiff was a mentally ill man whose mother called the police during a psychotic episode. Officers knew of his condition, that he may have a knife, and possibly suicidal. Several minutes passed and the man calmed down, sitting in a chair in the middle of a cul-de-sac. Upon arrival, officers immediately approached him and he stood up, with hands (and knife) down by his side completely still. The officer fired 4 rounds striking him once in the abdomen. P survived. Non-shooting officer lied in sworn statement and shooting officer echoed lie to initial backups.

Plaintiff, an African American 50 year-old, was sitting in his vehicle when approached by police about an open alcohol container in a parking lot. Plaintiff denied knowing anything about it and refused to allow a search of his vehicle. Plaintiff was placed in a chokehold and arrested. Toxicology revealed no alcohol in his system. Defendants City of San Leandro and Officer Michael Olivera settled prior to filing any motions.

Plaintiffs were unlawfully stopped by Defendant Sgt. James Lee and Officer Sangwoo Lee. Defendants falsely stated that Plaintiffs' headlamps were not operative, but it was broad daylight. Defendants arrested Plaintiff Arion Anthony alleging that he possessed a gravity knife, but it was a common folding knife.

Plaintiff Arion Anthony received $26,500 for 12 hours in custody pre-arraignment. Plaintiff Karry Calderon received $1,000 for 1 hour roadside detention.