An undisclosed tentative settlement was reached today in the midst of trial of a lawsuit filed by a man and his family, who alleged brutality by Desert Hot Springs police.
Edward Moore, downtown maintenance supervisor for the Palm Springs Department of Parks and Recreation, and family members alleged they were roughed up by officers who responded to a hit-and-run crash involving two of Moore's daughters in front of their Desert Hot Springs home on July 16, 2005.
The proposed settlement was reached after more than two weeks of testimony heard by jurors in a civil trial.
Attorneys and members of the Moore family said they could not disclose the terms until the settlement is formally approved, which is expected in a week or so.
A board made up of representatives of about three dozen Southern California cities that pool legal resources must sign off on the settlement, according to attorney Joe McMillin, who represents the city.
The proposed settlement was reached after more than two weeks of testimony heard by jurors in a civil trial.
Attorneys and members of the Moore family said they could not disclose the terms until the settlement is formally approved, which is expected in a week or so.
A board made up of representatives of about three dozen Southern California cities that pool legal resources must sign off on the settlement, according to attorney Joe McMillin, who represents the city.
According to the lawsuit, two of Moore's daughters were involved in a collision when they were arriving home, and the other vehicle left the scene.
Family members wrote down the hit-and-run vehicle's license plate number and called 911, according to court documents.
Moore claims he asked arriving officers to find the suspected hit-and-run vehicle, but Sgt. Anthony Sclafani began yelling at him ``while another officer came up behind Moore, grabbed Moore's neck, sprayed Moore ... in the face with pepper spray, and tackled Moore to the ground.''
The plaintiffs say officers ordered several family members to stay inside the house, including a woman filming them with a video camera. They allege that an officer grabbed a woman, twisted her arm, handcuffed her and ``smashed her into the wall, face-first.'' She lost consciousness and awoke while pinned to the ground by officers who fired pepper spray in her face, the suit says.
The plaintiffs allege police also used pepper spray on other family members; choked another female family member and shoved another against a wall; and shoved Moore to the ground, kicked him and ``choked him into unconsciousness.''
Moore and a female family member were taken to jail and later released.
Moore claims he asked arriving officers to find the suspected hit-and-run vehicle, but Sgt. Anthony Sclafani began yelling at him ``while another officer came up behind Moore, grabbed Moore's neck, sprayed Moore ... in the face with pepper spray, and tackled Moore to the ground.''
The plaintiffs say officers ordered several family members to stay inside the house, including a woman filming them with a video camera. They allege that an officer grabbed a woman, twisted her arm, handcuffed her and ``smashed her into the wall, face-first.'' She lost consciousness and awoke while pinned to the ground by officers who fired pepper spray in her face, the suit says.
The plaintiffs allege police also used pepper spray on other family members; choked another female family member and shoved another against a wall; and shoved Moore to the ground, kicked him and ``choked him into unconsciousness.''
Moore and a female family member were taken to jail and later released.
He and members of his family filed the $15 million lawsuit against the city and police a year later.
Attorneys for the officers and the city maintain that Moore was ``hostile'' and ``verbally abusive'' when the first officer arrived after the hit-and-run. The officer called for backup because of the number of people milling outside the house and because of Moore's attitude, defense attorneys stated in a trial brief.
According to the defense court papers, one of the home's female residents ``jumped on Officer (Michael) Valentich's back and began to strike him. He pushed her away and when she came back, he then sprayed her with some pepper spray.''
Five officers -- Sclafani, Valentich, Matthew Drew, David Henderson and Stephen O'Connor -- are named in the lawsuit, which also names the city.
Sclafani was indicted a year ago on two counts of deprivation of rights under the color of law for allegedly using a Taser and pepper spray on suspects in custody. His trial is under way in federal court in Los Angeles.
Last year, Henderson pleaded guilty to a misdemeanor civil rights charge of deprivation of rights in federal court for using a Taser on a handcuffed suspect and was sentenced to probation and community service.
Attorneys for the officers and the city maintain that Moore was ``hostile'' and ``verbally abusive'' when the first officer arrived after the hit-and-run. The officer called for backup because of the number of people milling outside the house and because of Moore's attitude, defense attorneys stated in a trial brief.
According to the defense court papers, one of the home's female residents ``jumped on Officer (Michael) Valentich's back and began to strike him. He pushed her away and when she came back, he then sprayed her with some pepper spray.''
Five officers -- Sclafani, Valentich, Matthew Drew, David Henderson and Stephen O'Connor -- are named in the lawsuit, which also names the city.
Sclafani was indicted a year ago on two counts of deprivation of rights under the color of law for allegedly using a Taser and pepper spray on suspects in custody. His trial is under way in federal court in Los Angeles.
Last year, Henderson pleaded guilty to a misdemeanor civil rights charge of deprivation of rights in federal court for using a Taser on a handcuffed suspect and was sentenced to probation and community service.