Case details
Plaintiff claimed he was unlawfully strip searched
SUMMARY
$247500
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On June 17, 2010, plaintiff John Wettstein was approached at a building, at which he was working, by San Francisco police officers Jacob Fegan, Steven Bucy and John O’Rourke. Fegan allegedly received a tip from a confidential informant, claiming that Wettstein had offered to sell him methamphetamine. As a result, Wettstein was detained and searched at the scene, and his personal effects were also searched. Even though no indicia of drug sales or use was uncovered, nor was any other contraband found, Wettstein was arrested. He was subsequently taken to the police station, where he was subjected to a strip search and a visual body cavity inspection. Wettstein sued the officers at the scene, Fegan, O’Rourke and Bucy; another officer, Robert Sanchez; the officers’ supervisor, the then-Chief of Police George Gascon; and the officers’ employer, the city and county of San Francisco. Wettstein alleged that the defendants’ actions constituted violations of his Fourth Amendment civil rights, violations of the Bane Act, false arrest, false imprisonment, negligence, and intentional infliction of emotional distress. Wettstein also brought a Monell claim against San Francisco. Wettstein contended that the officers approached him while he was at work, and then detained and searched him, but that the officers had no probable cause to do so. He also contended that one of the officers ordered him to strip off his clothes while he stood in an open hallway at the police station and that he was made to bend over and spread his buttocks while in view of others at the station. Wettstein further contended that the arrest, strip search, and visual body cavity search were unlawful. Defense counsel contended that Fegan received a call from a confidential informant, who was known to be reliable, and that the officers had probable cause to arrest and search Wettstein once they were able to corroborate the informant’s information. Counsel also contended that Wettstein was approached as he sat on a front porch of a house and that Wettstein was searched while in the holding cell area of the police station., Wettstein sought recovery of unspecified damages as a result of his arrest, detainment and search. He also sought recovery of damages for the emotional distress he allegedly suffered as a result of the subject incident.
COURT
United States District Court, Northern District, San Francisco, CA
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