Smith v. City of Stockton
Opinion
Lead Opinion
England, J.
*1243 ORDER ON MOTION FOR APPROVAL OF PROPOSED SETTLEMENTS OF THE CLAIMS OF DISABLED ADULT JAMES SMITH AND MINOR JA.S.
[U.S.D.C., E.D. Cal. Local Rule 202]
The hearing on Plaintiffs Motion for Approval of Proposed Settlements of the Claims of Disabled Adult James Smith and Minor JA.S. came on regularly for hearing at the above noted date and time. Plaintiffs were represented by Quinton B, Cutlip, Esq., of the Dolan Law Firm. The motion was unopposed. Having considered the papers filed in support and the arguments of counsel, the Court finds good. cause to issue the following order:
BACKGROUND
Plaintiff James Smith is a developmentally delayed adult, who is said to have an IQ of approximately 40 and the mental capacity of a four or five year old. He was engaged in horseplay with a younger boy when an officer from the Stockton Police Department drove up. It is alleged that there were no reasonable grounds for the officer to detain James, but the officer followed him, tackled him, and restrained him. It is also alleged that the officer sicced his police dog upon James. James was arrested and taken to jail. He was initially charged with violating California Penal Code 48(a) —…