City Settles Lawsuit Over Police Behavior

The city of San Carlos has tentatively settled a six-year-old lawsuit stemming from former police officers allegedly conducting an illegal search with pistols drawn to arrest a drunk driver.

The city’s insurance plan has agreed to pay the plaintiff, Bruce Hopkins, $150,000 for attorney fees and damages, said Anthony Boskovich, Hopkins’ lawyer.

“Municipalities don’t pay out money unless they think they are going to lose,” Boskovich said. “I’m very happy with the result. Bruce has waited a long time to be compensated.”

Attorneys for Hopkins and the city reached the settlement just days before the case was scheduled to go before a federal jury.

The settlement amount is a far cry from the $8 million Hopkins originally asked for in damages when he sued in 2005. Boskovich said his client’s health has improved since the claim was filed and $150,000 is on par with what a reasonable jury would have awarded.

As part of the settlement, the city would not admit any wrongdoing when former officers Armand Bonvicino and David Buelow entered Hopkins home in August 2003.

After drinking a few beers at the American Legion, Hopkins was involved in a minor traffic accident with a driver named Waheeda Talib, according to court documents.

Talib followed Hopkins home and after accusing him of drinking and hitting her car, called the police, court documents say.

Police entered the home without a warrant but claimed that they had the right to enter based on potential for loss evidence and a medical emergency concerning the possibility that Hopkins was in a diabetic coma, said City Attorney Greg Rubens.

“What they did was consistent with the law,” Rubens said.

Officers drew their guns on Hopkins and arrested him for hit and run and driving under the influence of alcohol.

The San Mateo County District Attorney later dropped the charges after the court determined the search was illegal and suppressed evidence, the complaint says.

When Hopkins’ case went before the Ninth Circuit Court of Appeals, Judge Stephen Rienhardt wrote a scathing opinion that criticized the officers’ actions.

“Apparently, in the officer’s view, someone suffering from such a medical emergency may need to be deterred by deadly force,” Reinhardt wrote in July 2009. “Hopkins, however, was neither confused nor combative because he was not suffering from a diabetic emergency—he was lying in his bedroom watching television, which is where the officers found him.”

After the U.S. Supreme Court declined a request to review the case, a federal judge ruled that the plaintiff had liability for his unreasonable search and excessive force claims.

The trial for the case was scheduled to start today.

Since the courts had already ruled on liability, the trial would have centered on how much damages Hopkins was owed, attorneys said.

The Association of Bay Area Government’s Pooled Liability Assurance Network (ABAG PLAN) covered the city’s legal liability on the case and made the call on settling the case, Rubens said.

“It’s basically a business decision by ABAG,” Rubens said. “I imagine when the settlement amount became reasonable they thought it was better to settle.”

Todd Master, who represented the city in the case, did not return calls for comment.

James Hill, risk manager for ABAG PLAN, said the organization doesn’t discuss specific claims.

The city paid $100,000 in legal fees for its deductible but that amount was exhausted long ago, Rubens said.

The San Carlos City Council will have to sign off on the settlement before it is finalized and circulated, Boskovich said.