Case: Sabeghi v. Uu

3:12-cv-06057 | U.S. District Court for the Northern District of California

Filed Date: Nov. 29, 2012

Closed Date: 2014

Clearinghouse coding complete

Case Summary

The plaintiff, a demonstrator involved in the Occupy Oakland protest movement, alleged that in the early morning hours of November 3, 2011, he was wrongfully beaten and imprisoned by two Oakland police officers, in the presence and with the approval of their supervising Sergeant. He alleged that the day prior he had participated, with several thousand other individuals, in a protest against recent police brutality and for economic justice. After the protest he went for dinner, and when walking …

The plaintiff, a demonstrator involved in the Occupy Oakland protest movement, alleged that in the early morning hours of November 3, 2011, he was wrongfully beaten and imprisoned by two Oakland police officers, in the presence and with the approval of their supervising Sergeant. He alleged that the day prior he had participated, with several thousand other individuals, in a protest against recent police brutality and for economic justice. After the protest he went for dinner, and when walking home after midnight he encountered a police line obstructing his path. The plaintiff, an Army veteran of the war in Afghanistan, alleged that he questioned and criticized the officers' actions, and that in retaliation to his criticism two of the officers brutally beat him with clubs, sprayed painful chemicals in his face, and then arrested him. The beating caused lacerations to his spleen and internal bleeding, but rather than taking the plaintiff to a hospital, the police detained him in handcuffs at various locations near Oakland City Hall and then later transferred him to the Alameda County Jail. He was not taken to a hospital until approximately 18 hours after his arrest, after a friend paid his bail. He alleges that while detained his pleas for help were mocked or ignored by jail personal, including the jail medical staff. When he was taken to the hospital, his internal bleeding was discovered. The medical staff had to permanently cut off blood flow to his spleen, leaving him with a non-functioning organ. He was kept in intensive care for five days.

The plaintiff filed the lawsuit on November 29, 2012 in the U.S. District Court for the Northern District of California. The suit was filed against the officers individually and in their official capacities, against other unknown individuals involved in his detention, and against the City of Oakland. The suit was filed under 42 U.S.C. § 1983 and alleged that the police's actions violated his First Amendment right to free speech, his Fourteenth Amendment rights to equal protection and due process, and the Fourth Amendment ban on unreasonable searches and seizures, as well as his rights to be free from excessive and arbitrary force, to personal liberty, and to freedom of movement. He also alleged analogous violations of California constitutional and statutory law, and a California statute requiring that certain misdemeanor plaintiffs be cited and released rather than jailed. Other allegations included assault and battery, false imprisonment, and negligence. The plaintiff sought compensatory, statutory, and punitive and exemplary damages, attorneys' fees and legal costs, and further relief as deemed appropriate by the court.

On January 7, 2013, the plaintiff amended his complaint. The amended complaint appears to be substantially the same as his first complaint, expect with a paragraph describing the injury to his spleen in more specific terms. The parties entered into settlement negotiations.

After two settlement conferences, the parties reached a settlement agreement which was ordered by the court on January 30, 2014. The Defendants paid $645,000 to the plaintiff to compensate his claims including attorney's fees. The case is closed.

Summary Authors

Alex Colbert-Taylor (7/9/2013)

Will McCartney (3/23/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5949540/parties/sabeghi-v-uu/


Judge(s)

Beeler, Laurel (California)

Corley, Jacqueline Scott (California)

Attorneys(s) for Plaintiff

Cunningham, Dennis (California)

Lederman, Rachel (California)

Stein, Bobby Fay (California)

Attorneys(s) for Defendant

Hodgkins, James (California)

Simmons, William Edmond (California)

Judge(s)

Beeler, Laurel (California)

Corley, Jacqueline Scott (California)

Attorneys(s) for Plaintiff

Cunningham, Dennis (California)

Lederman, Rachel (California)

Stein, Bobby Fay (California)

Attorneys(s) for Defendant

Hodgkins, James (California)

Simmons, William Edmond (California)

Documents in the Clearinghouse

Document

3:12-cv-06057

Docket [PACER]

Jan. 30, 2014

Jan. 30, 2014

Docket
1

3:12-cv-06057

Complaint for Violation of Civil Rights and Other Wrongs; Jury Trial Demanded

Nov. 27, 2012

Nov. 27, 2012

Complaint
3

3:12-cv-06057

First Amended Complaint for Violation of Civil Rights and Other Wrongs

Jan. 7, 2013

Jan. 7, 2013

Complaint
33

3:12-cv-06057

Stipulation for Entry of Final Order of Dismissal

Jan. 30, 2014

Jan. 30, 2014

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5949540/sabeghi-v-uu/

Last updated May 20, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against City of Oakland, Patrick Gonzalez, Marcell Patterson, Frank Uu ( Filing fee $ 350, receipt number 34611080983.). Filed byKayvan Sabeghi. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(gaS, COURT STAFF) (Filed on 11/29/2012) (Entered: 12/03/2012)

Nov. 29, 2012

Nov. 29, 2012

14

PRETRIAL ORDER. Signed by Magistrate Judge Jacqueline Scott Corley on 3/29/2013. (ahm, COURT STAFF) (Filed on 3/29/2013)

March 29, 2013

March 29, 2013

RECAP
2

ADR SCHEDULING ORDER: Case Management Statement due by 3/21/2013. Case Management Conference set for 3/28/2013 01:30 PM in Courtroom F, 15th Floor, San Francisco.. Signed by Judge Jacqueline Scott Corley on 11/29/12. (gaS, COURT STAFF) (Filed on 11/29/2012) (Entered: 12/03/2012)

Nov. 29, 2012

Nov. 29, 2012

3

AMENDED COMPLAINT against All Defendants. Filed byKayvan Sabeghi. (Lederman, Rachel) (Filed on 1/7/2013) (Entered: 01/07/2013)

Jan. 7, 2013

Jan. 7, 2013

4

NOTICE by Kayvan Sabeghi of Pendency of Other Action (Lederman, Rachel) (Filed on 1/7/2013) (Entered: 01/07/2013)

Jan. 7, 2013

Jan. 7, 2013

5

Answer to Amended Complaint Defendants' Answer to First Amended Complaint byCity of Oakland. (Simmons, William) (Filed on 2/6/2013) (Entered: 02/06/2013)

Feb. 6, 2013

Feb. 6, 2013

6

Letter to plaintiff and defendant re: consent. (ahm, COURT STAFF) (Filed on 2/26/2013) (Entered: 02/26/2013)

Feb. 26, 2013

Feb. 26, 2013

7

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Kayvan Sabeghi.. (Lederman, Rachel) (Filed on 2/26/2013) (Entered: 02/26/2013)

Feb. 26, 2013

Feb. 26, 2013

8

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by City of Oakland, Patrick Gonzalez, Marcell Patterson, Frank Uu.. (Simmons, William) (Filed on 2/26/2013) (Entered: 02/26/2013)

Feb. 26, 2013

Feb. 26, 2013

9

ADR Certification (ADR L.R. 3−5 b) of discussion of ADR options ADR Cerfication By Parties And Counsel (Simmons, William) (Filed on 3/5/2013) (Entered: 03/05/2013)

March 5, 2013

March 5, 2013

10

NOTICE of need for ADR Phone Conference (ADR L.R. 3−5 d) (Lederman, Rachel) (Filed on 3/5/2013) (Entered: 03/05/2013)

March 5, 2013

March 5, 2013

11

ADR Clerks Notice Setting ADR Phone Conference on 3/26/13 at 11:00 a.m. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (tjs, COURT STAFF) (Filed on 3/6/2013) (Entered: 03/06/2013)

March 6, 2013

March 6, 2013

12

JOINT CASE MANAGEMENT STATEMENT filed by Kayvan Sabeghi. (Lederman, Rachel) (Filed on 3/20/2013) (Entered: 03/20/2013)

March 20, 2013

March 20, 2013

ADR Remark: ADR Phone Conference held by HAH on 3/26/13. (sgd, COURT STAFF) (Filed on 3/26/2013) (Entered: 03/26/2013)

March 26, 2013

March 26, 2013

13

Minute Entry: Initial Case Management Conference held on 3/28/2013 before Magistrate Judge Jacqueline Scott Corley (Date Filed: 3/29/2013). Joint Case Management Statement due by 9/12/2013. Further Case Management Conference set for 9/19/2013 01:30 AM in Courtroom F, 15th Floor, San Francisco. (FTR 1:41−1:43) (ahm, COURT STAFF) (Date Filed: 3/29/2013) (Entered: 03/29/2013)

March 29, 2013

March 29, 2013

15

NOTICE AND ORDER REGARDING SETTLEMENT CONFERENCE before Magistrate Judge Laurel Beeler. Settlement Conference set for 6/26/2013 at 10:30 AM in Courtroom C, 15th Floor, San Francisco. Signed by Magistrate Judge Laurel Beeler on 4/1/2013. (ls, COURT STAFF) (Filed on 4/1/2013) (Entered: 04/01/2013)

April 1, 2013

April 1, 2013

16

Minute Entry: Settlement Conference held (Date Filed: 6/26/2013). Further Telephonic Settlement Conference set for 7/23/2013 at 4:00 P.M. Counsel to phone in to chambers with all parties on the line. (ls, COURT STAFF) (Date Filed: 6/26/2013) (Entered: 06/27/2013)

June 26, 2013

June 26, 2013

17

CLERKS NOTICE: The call currently set for attorneys only (for Plaintiffs: Mr. Cunningham, Ms. Lederman, and Ms. Stein) and for Defendants (Mr. Hall and Mr. Simmons) on July 23, 2013 is reset from 4:00 p.m. to 3:00 p.m. due to a scheduling conflict. As described in the minute entry at ECF No. 16, parties shall provide a call−in number or call in to chambers on one line. Plaintiffs will confer with Mr. Hall and Mr. Simmons before the conference call to address the issues and should update the court by email by July 22, 2013, at 4:00 p.m. Further Telephonic Settlement Conference reset to 7/23/2013 at 3:00 P.M. (This is a docket text entry only. There is no document associated with this entry.) (ls, COURT STAFF) (Filed on 7/11/2013) (Entered: 07/11/2013)

July 11, 2013

July 11, 2013

18

CLERKS NOTICE VACATING TELEPHONIC SETTLEMENT CONFRENCE on July 23, 2013 at 3:00 p.m. before Magistrate Judge Laurel Beeler. Counsel will contact the courtroom deputy, Lashanda Scott to arrange a new date. (This is a docket text entry only. There is no document associated with this entry.) (ls, COURT STAFF) (Filed on 7/24/2013) (Entered: 07/24/2013)

July 24, 2013

July 24, 2013

19

CLERKS NOTICE: Telephone Settlement conference reset at parties' request to August 1, 2013 at 3:00 p.m. Previous order applies. Parties to submit update by 4 pm the day before by email. Parties to call in to chambers on one line. Parties to provide the courtroom deputy, Lashanda Scott with an attendance list of participants on the call by 8/1/2013 at 2:00 p.m. If the parties have not accomplished what they need to, they may adjust this date by stipulation, but the court's view is that a date is needed on the calendar as a place holder so that the issue remains front and center. (This is a docket text entry only. There is no document associated with this entry.) (ls, COURT STAFF) (Filed on 7/25/2013) (Entered: 07/25/2013)

July 25, 2013

July 25, 2013

20

CLERKS NOTICE VACATING SETTLEMENT CONFERENCE on August 1, 2013 at 3:30 p.m. Telephonic Settlement Conference set for 8/12/2013 at 3:30 P.M. before Magistrate Judge Laurel Beeler. Parties to meet and confer. Parties to submit update by 4 pm on August 9, 2013 by email to the court's orders box: lbpo@cand.uscourts.gov. Parties to call in to chambers on one line. Parties to provide the courtroom deputy, Lashanda Scott with an attendance list of participants. (This is a docket text entry only. There is no document associated with this entry.) (ls, COURT STAFF) (Filed on 7/31/2013) Modified on 7/31/2013 (ls, COURT STAFF). (Entered: 07/31/2013)

July 31, 2013

July 31, 2013

21

CLERKS NOTICE RESETTING Telephonic Settlement Conference set for 8/19/2013 at 3:30 P.M. Counsel to dial−in to chambers with all the parties on one line. Counsel to provide the court with a status update by 8/16/2013− to be sent to the order's box at: lbpo@cand.uscourts.gov. (This is a docket text entry only. There is no document associated with this entry.) (ls, COURT STAFF) (Filed on 8/12/2013) (Entered: 08/12/2013)

Aug. 12, 2013

Aug. 12, 2013

23

STIPULATION WITH PROPOSED ORDER [Proposed] Stipulated Protective Order filed by City of Oakland, Patrick Gonzalez, Marcell Patterson, Frank Uu. (Simmons, William) (Filed on 8/29/2013) (Entered: 08/29/2013)

Aug. 29, 2013

Aug. 29, 2013

24

ORDER by Magistrate Judge Jacqueline Scott Corley granting 23 Stipulated Protective Order (ahm, COURT STAFF) (Filed on 8/30/2013) (Entered: 08/30/2013)

Aug. 30, 2013

Aug. 30, 2013

CLERKS NOTICE continuing case management conference. TO ALL PARTIES AND COUNSEL OF RECORD: Please take notice that the case management conference scheduled for September 19, 2013 is continued to November 7, 2013 at 1:30 p.m., before Magistrate Judge Jacqueline Scott Corley, in Courtroom F, 15th Floor, Federal Building, 450 Golden Gate Avenue in San Francisco. An updated joint case management conference statement shall be filed seven days prior to the conference. (This is a text only docket entry, there is no document associated with this notice.) (ahm, COURT STAFF) (Filed on 9/4/2013) (Entered: 09/04/2013)

Sept. 4, 2013

Sept. 4, 2013

25

CLERKS NOTICE RESETTING THE SETTLEMENT CONFERENCE HEARING TIME ONLY: Settlement Conference reset for 10/21/2013 at 10:30 AM in Courtroom C, 15th Floor, San Francisco. (This is a docket text entry only. There is no document associated with this entry.) (ls, COURT STAFF) (Filed on 10/11/2013) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

26

CLERKS NOTICE RESETTING THE SETTLEMENT CONFERENCE TIME ONLY: Due to a scheduling conflict with the court, the Settlement Conference is set to 10/21/2013 at 1:00 PM in Courtroom C, 15th Floor, San Francisco. (This is a docket text entry only. There is no document associated with this entry.) (ls, COURT STAFF) (Filed on 10/16/2013) (Entered: 10/16/2013)

Oct. 16, 2013

Oct. 16, 2013

27

Minute Entry: Settlement Conference held. Case settled subject to contingency of city council approval. (Date Filed: 10/21/2013) (ls, COURT STAFF) (Date Filed: 10/21/2013) (Entered: 10/22/2013)

Oct. 21, 2013

Oct. 21, 2013

28

CLERKS NOTICE continuing case management conference. TO ALL PARTIES AND COUNSEL OF RECORD: Please take notice that the case management conference scheduled for November 7, 2013 is continued to December 19, 2013 at 1:30 p.m., before Magistrate Judge Jacqueline Scott Corley, in Courtroom F, 15th Floor, Federal Building, 450 Golden Gate Avenue in San Francisco. An updated joint case management conference statement shall be filed seven days prior to the conference. (This is a text only docket entry, there is no document associated with this notice.) (ahm, COURT STAFF) (Filed on 10/22/2013) (Entered: 10/22/2013)

Oct. 22, 2013

Oct. 22, 2013

29

CLERKS NOTICE continuing case management conference. TO ALL PARTIES AND COUNSEL OF RECORD:Please take notice that the case management conference scheduled for December 19, 2013 is continued to January 23, 2014 at 1:30 p.m., before Magistrate Judge Jacqueline Scott Corley, in Courtroom F, 15th Floor, Federal Building, 450 Golden Gate Avenue in San Francisco. An updated joint case management conference statement shall be filed seven days prior to the conference. (This is a text only docket entry, there is no document associated with this notice.) (ahm, COURT STAFF) (Filed on 12/6/2013) (Entered: 12/06/2013)

Dec. 6, 2013

Dec. 6, 2013

30

STIPULATION WITH PROPOSED ORDER Continuing CMC filed by Kayvan Sabeghi. (Lederman, Rachel) (Filed on 1/16/2014) (Entered: 01/16/2014)

Jan. 16, 2014

Jan. 16, 2014

Set/Reset Hearing: Further Case Management Conference reset for 2/6/2014 01:30 PM in Courtroom F, 15th Floor, San Francisco. (ahm, COURT STAFF) (Filed on 1/17/2014) (Entered: 01/17/2014)

Jan. 17, 2014

Jan. 17, 2014

32

STIPULATION WITH PROPOSED ORDER OF DISMISSAL filed by Kayvan Sabeghi. (Lederman, Rachel) (Filed on 1/30/2014) (Entered: 01/30/2014)

Jan. 30, 2014

Jan. 30, 2014

33

ORDER by Magistrate Judge Jacqueline Scott Corley granting 32 Stipulation for Dismissal (ahm, COURT STAFF) (Filed on 1/30/2014) (Entered: 01/30/2014)

Jan. 30, 2014

Jan. 30, 2014

Case Details

State / Territory: California

Case Type(s):

Policing

Special Collection(s):

Occupy

Key Dates

Filing Date: Nov. 29, 2012

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A U.S. Army veteran involved in the Occupy Oakland movement, who was severely beaten by Oakland police officers and permanently lost the use of his spleen.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Oakland (Oakland, Alameda), City

Two Oakland Police Officers and a Police Sergeant (Oakland, Alameda), City

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Equal Protection

Freedom of speech/association

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $645,000

Issues

General:

Conditions of confinement

Excessive force

False arrest

Over/Unlawful Detention

Personal injury

Restraints : physical

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