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$11,000 Settlement Reached in Sacramento County Wrongful Arrest Suit

On January 5, 2005, a settlement was reached in a complaint filed pursuant to 42 U.S.C. § 1983 against Sacramento County and various County law enforcement officials alleging 4th and 14th Amendment civil rights violations, as well as penal and civil code violations. The complaint was filed by attorneys Mark E. Merin and Jeffrey I. Schwarzchild from the Law Office of Mark E. Merin in Sacramento on behalf of Catherine Avery following her wrongful arrest and detention on October 22, 2003.

Avery was arrested, booked, and subjected to a visual body cavity strip-search despite her protestations of not being the woman named or described in the arrest warrant. Sheriff's Deputies and Jail staff consistently ignored the obvious physical differences between Avery and the woman described in the subject warrant, Cathy Gilbert. Avery's §1983 claim sought damages for the alleged civil rights violations, State Code violations and her emotional distress. Attorney's fees and costs were included in the $11,250 settlement.

See: Avery v. Sacramento County, et al, Sacramento County Super. Crt., #01AS01732.

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Related legal case

Avery v. Sacramento County, et al