Palo Alto loses legal battle over police brutality
Areas of Focus | 2008/03/14 10:27

The city of Palo Alto on Wednesday lost an 11-year legal battle over whether police officers violated a man's civil rights and now faces the prospect of paying hundreds of thousands of dollars to finally settle the case.

The California Supreme Court turned down the city's request to review and overturn lower court rulings in Schmidlin vs. City of Palo Alto, the civil case in which Michael Schmidlin successfully contended police used excessive force when they arrested him March 29, 1997, on suspicion of public drunkenness.

Unless the city appeals to the U.S. Supreme Court, it could pay $24,000 plus interest to Schmidlin and at least $300,000 in legal fees to his lawyer, Mark Martel. That figure might swell to more than $500,000, said Martel, who will spend the next month or so calculating the exact cost.

City Attorney Gary Baum expressed disappointment when reached for comment Wednesday evening. "We did not feel the elements of excessive force had been met," he said. "Obviously, the (6th District) Court of Appeal and the Supreme Court disagreed with us."

The appeals court in December upheld a 2003 jury verdict against the three police officers Tim Martin, David Trujillo and Burt Milliken accused of excessive force. The officers said they believed Schmidlin was drunk and alleged he "displayed an uncooperative and resistive attitude toward complying" with their demands, according to court



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