Tuesday, February 06, 2007

Quick Lawsuit Update

It has now been over 5 months since my incident at the Mission Arts and Eats festival. We are still working on getting my case to trial in United States District Court. Here is the latest:

We have added the chief of police to the suit. We did this because we found out through the process of discovery that he was present as the events unfolded, in plain clothes, and was in fact in charge at the time.

All defendants have been served with my complaint. The chief and the city council person have responded with an answer. In their answer, they denied most of my complaint, and even went so far as to say that my detention was "consensual". This of course is the epitome of absurdity. At any rate, the other 4 officers have changed their legal counsel due to a conflict of interest. We are now awaiting their answer.

As soon as we have that answer, the court should begin setting dates for us to proceed with the case (discovery, depositions, etc, and hopefully a trial date).

To date no reasonable offer has been made to settle the case. It is my hopes that this will go all the way to a jury trial. At present, that seems entirely possible. In the meantime, my legal expenses have mounted. Although my attorney has taken the case on contingency, there are still expenses I must cover. I continue to pay them as I'm able, but it's not easy.