Case details

Plaintiff claimed unlawful arrest after construction complaint

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On Jan. 8, 2009, plaintiff Christopher Morgan, 48, an owner of a computer services company, was arrested at his house on Camino DeGrazia in San Diego for allegedly stealing plants and personal property from the garage of his neighbor, Dee House. However, Morgan claimed that the charge was fabricated and that the arrest lacked probable cause. Morgan sued House; the arresting San Diego police detectives, John Davis, William Olsen, Thomas Jacques and Jeannette Warner; and the detectives’ employer, the city of San Diego. He alleged that he was unlawfully arrested in violation of his civil rights under the First and Fourth Amendments. Prior to trial, House agreed to settle for $60,000 by way of her homeowner’s policy. Thus, the matter proceeded to trial against the city and the detectives only. Morgan claimed that though he had lived next to House for over 15 years, their relationship changed significantly when he requested that the city’s Code Compliance Division inspect a major construction project at House’s home, which included the replacement of load bearing walls and footings, as well as substantial electrical and plumbing work. Morgan claimed that the project was done without permits and by an unlicensed contractor who was wearing a GPS device on his ankle due to a pending federal drug case. He alleged that after several months, he became concerned about the extent and safety of the project. Morgan claimed that once House learned about his complaint, she began a campaign of making accusations about him to her police department contact, Davis, which then resulted in his unlawful arrest. Defense counsel argued that Morgan had a falling out with House over some landscaping issues in the common area, and that Morgan vowed revenge and embarked on a campaign to torment and harass his neighbor. Counsel contended that Morgan complained to the Homeowner’s Association about numerous issues regarding House’s property and that when the Homeowner’s Association did not act, he allegedly took matters into his own hands by vandalizing and stealing her plants and her personal property. Defense counsel also contended that Morgan broke into House’s garage using her keypad, which was visible from his property, and removed some small personal effects from her garage. Counsel asserted that House subsequently saw Morgan running from her garage and called the police. Morgan admitted that he was in House’s garage, but claimed that he surreptitiously took photographs while in the garage to report to code enforcement and that the construction worker invited him in. However, the construction worker vehemently denied letting Morgan into the garage on a Sunday, when he was not working there., Morgan claimed emotional distress, specifically in regard to the damage to his reputation and the felony arrest record, as well as in regard to his one day in jail. He testified that the arrest and subsequent fingerprinting, DNA swab, photo and strip search traumatized him. He further claimed that the arrest affected his computer business because the people and entities that hired him would see that he was arrested for felony burglary. Thus, Morgan sought recovery of general, compensatory and punitive damages. Morgan’s live-in girlfriend also claimed severe emotional distress from the incident, but ultimately did not file a claim.
COURT
United States District Court, Southern District, San Diego, CA

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