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$575,000 Awarded to Unjustly Fired San Francisco Cop

$575,000 Awarded to Unjustly Fired San Francisco Cop

In the Superior Court of the state of California, county of San Francisco, a jury decided in favor of the plaintiff, former police officer Bret Cornell, on December 4, 2013. Cornell’s suit was against the city and county of San Francisco, four named police officers, and ten John Doe officers for injuries and damages incurred at the hands of fellow San Francisco police officers during a field training program.

On July 10, 2010, plaintiff was jogging in Golden Gate Park in San Francisco when, shortly after stopping to remove his sweatshirt and leave it by the side of the running path for later retrieval, he heard, “I will shoot you!” Cornell looked back and saw a dark dressed man, gun out, running toward him. Cornell ran, stumbled, and rolled down a steep hill. When he recovered, he saw a uniformed police officer, with his gun pointed at him. The officer ordered Cornell to lie prone on the ground and handcuffed him. Cornell announced that he was a cop, to no significant response, and the officers refused to interview witnesses Cornell identified as able to corroborate his claim that he was just jogging. The officers then searched him and found his handcuffs and SFPD identification card.

Plaintiff was arrested, transported by ambulance to a hospital and, at his own expense, forced to prove that he was not under the influence of drugs or alcohol. The five-hour ordeal culminated in his being charged and released; the charge was never filed in court. Defendants relied on the police report and the resultant California Penal Code Violation to terminate Cornell's employment contract with the SFPD and to preclude the possibility of future employment with SFPD, or any other police department.

Plaintiff filed a civil rights suit, alleging violation of his freedom from unlawful seizures, excessive force by threats or coercion, negligence, assault and battery, false arrest or imprisonment, and tortious interference with contract and/or economic advantage. Defendants claimed Cornell was acting suspiciously and running away from “Hippie Hill,” a known high crime area. The two officers who initially appeared admitted that the plaintiff did nothing suspicious, other than changing the direction he was walking, and that they were unaware of any crime the plaintiff may have committed.

The jury found for the defendants as to the assault claim and for the plaintiff as to the other claims and recommended an award of $234,000 for past economic damages, $266,224 for future economic damages, and $75,000 for non-economic damages. See: Cornell v. City of San Fransisco, Superior Court of California, County of San Francisco, Case no. CGC-11-509240.

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Related legal case

Cornell v. City of San Fransisco