$11,000 Settlement for Arresting Wrong Person
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 Fourth and Fourteenth 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 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 warrant, Cathy Gilbert. Avery's §1983 claim sought damages for the alleged civil rights and state law 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. Ct., #01AS01732 (2005).
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 warrant, Cathy Gilbert. Avery's §1983 claim sought damages for the alleged civil rights and state law 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. Ct., #01AS01732 (2005).