Thursday, February 3, 2011

Antioch to pay $750,000 to settle civil rights lawsuit with ex-S.F. officer

By Paul Burgarino

Contra Costa Times



ANTIOCH -- The city has agreed to pay a former San Francisco police inspector $750,000 to settle a federal civil rights lawsuit.



Marvetia Lynn Richardson sued Antioch in U.S. District Court in July 2008, saying Antioch officers illegally broke into her house on Mokelumne Drive in June 2007, shocked her with a Taser after a dispute with a tenant she was evicting, and took her to jail on suspicion of resisting arrest.



Antioch has denied any wrongdoing, saying the police department had probable cause to enter Richardson's house and did not use excessive force in making an arrest.



The lawsuit also contended that the incident was part of efforts by Antioch police to harass African-American residents and drive them out of certain neighborhoods, a charge the city also denies.



Attorneys for Richardson and Antioch declined to comment on the settlement, which prohibits them from discussing the terms.



The decision to settle a case is often made by joint risk pools for public agencies rather than by the defendant itself -- particularly when significant attorneys' fees are included, City Attorney Lynn Tracy Nerland said in a written statement.



"Such settlements reflect economic realities rather than any change of position or belief on the part of the defendant," she said.



Police were called to Richardson's home after midnight on June 7, 2007, by Bridget Reed, who was renting rooms for herself and teenage daughter and was in the

process of being evicted. Reed had called 911 to complain about noise; Richardson was at home entertaining two female friends and their children.



After talking to Richardson inside the house, the officers were outside when they heard screams and loud sounds indicating a struggle or fight, according to court documents. Reed and her daughter ran outside, saying that the teen daughter of one of Richardson's guests had threatened to shoot them.



Richardson says officers broke down her front door, and confronted her as she stood in her bedroom doorway. She was calmly answering officers' questions when she was suddenly shocked with a Taser, according to the lawsuit.



Charges against Richardson were dismissed in 2008 after a Contra Costa County judge ruled that police entered the house illegally, according to the lawsuit.



Richardson is scheduled to be in Contra Costa Superior Court in Pittsburg at 8 a.m. Feb. 7 to petition the court to find that she was factually innocent.



"She wants it erased so it's as if it never happened. She is and has been the victim," said Matt Fregi, Richardson's criminal attorney who did not represent her in the lawsuit.



A lawsuit by Richardson in San Francisco County Superior Court alleging she was wrongfully fired -- in part because of the Antioch incident -- is ongoing.



Staff writer Malaika Fraley contributed to this story. Contact Paul Burgarino at 925-779-7164.

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