Vallejo Resident Negotiates the Largest Settlement in a Police Misconduct Case in California in the Past Decade

Vallejo Police Department Agrees to pay 61-Year-Old Man $4.15 million To Compensate for Severe Police-Inflicted Injuries and Violation of Federal Civil Rights

VALLEJO, Calif., May 24, 2012 /PRNewswire-USNewswire/ -- Today, Peter Alfert, of the law firm of Hinton, Alfert and Kahn and Todd Boley, of the Law Office of Todd Boley announced that their client, Macario Dagdagan, received a check for a $4.15 million settlement from the Vallejo Police Department, the largest police misconduct settlement in California in the past decade.  The Federal Civil Rights settlement provides compensation for an unlawful entry into the home of Mr. Dagdagan that led to him sustaining serious spinal injuries and immediate paralysis.

On the evening of June 2, 2007, Officers John Boyd and Jason Wentz entered Mr. Dagdagan's residence shortly before midnight after responding to a call. They awoke Mr. Dagdagan, who was asleep in his bed, to ask him about a citizen complaint.  Mr. Dagdagan then told the officers to leave, but they arrested him, fired a Taser at him twice and handcuffed him.  The police officers then engaged in illegal and violent use of force that dislodged Mr. Dagdagan's vertebrae and ruptured his disk, causing immediate paralysis and permanent damage to his spinal cord. 

Attorney Peter Alfert stated, "Our client sued because his civil rights were violated.  Through this settlement, he wants to send a clear message that all of us must not tolerate police misconduct and we will hold police accountable.  The police had no justification for going into the apartment, for arresting Macario, and certainly no reason to break his neck."

On the night of the incident, after the arrest, a police sergeant arrived at Mr. Dagdagan's apartment.  He heard the victim say that his neck was broken and observed and photographed Mr. Dagdagan's bloody face.  However, neither the sergeant nor anyone in the department conducted an investigation to determine whether the officers used excessive force.

Attorney Todd Boley stated, "Under the Fourth Amendment of the Constitution, the police officers had no right to enter Mr. Dagdagan's home without a warrant unless it was an immediate emergency or someone was in danger.  It is also widely accepted that police officers may only use sufficient force to carry out an arrest and nothing more.  In this case, the police violated their oath to uphold the Constitution by entering Mr. Dagdagan's home without due cause, and they used excessive force.  No one should have to endure such pain and have their rights violated in such an egregious fashion."

A Vietnam War veteran who worked his whole life before the incident, Mr. Dagdagan is now permanently disabled and expects to have increasingly more expensive healthcare costs in the coming years as a result of the severe injuries he incurred.

Dagdagan said, "I felt humiliated and degraded by the officers, and now I have to live with these terrible injuries for the rest of my life.  The police officers haven't shown any guilt or compassion for what they did to me, and the police force didn't launch an investigation even after I was hospitalized. I live in constant pain and am afraid even in my own home.  Holding the Vallejo police department accountable for their actions is the only thing I can do to ensure this doesn't happen to someone else."

The settlement comes after a pretrial order in which Federal District Court Judge Garland Burrell, Jr. of the 9th Circuit Eastern District Court of California ruled that the officers violated Mr. Dagdagan's constitutional rights by entering his residence and arresting him without a warrant.

"This is yet another example of police abusing their trust and their position and putting their own needs before the needs of those they serve.  In this case, we had an overwhelming amount of evidence, including the injuries to Macario," said Boley.  "We are concerned that Vallejo officers and every other law enforcement agency take steps to ensure that a similar disregard for the law doesn't happen again. There should not be a double-standard in relation to civil rights and the law.  We want accountability and transparency for those who serve."

Officers Boyd and Wentz were hired by the Richmond police department after the case; however, the City of Vallejo, which is currently dealing with bankruptcy that resulted from costly police pensions, will pay the $4.15 million settlement through their insurance.

This settlement comes during a time when the failures of police departments and law enforcement officers have received vast amounts of media coverage resulting from their lack of accountability, particularly in failing to launch full investigations into incidents involving police officers. 

About Hinton, Alfert and Kahn: The law firm of Hinton, Alfert & Kahn handles serious injury and death cases caused by the wrongful conduct of others.  The reputation of the firm is built upon the successful results its attorneys have obtained for clients. More information is available at hintonalfert.com.

About the Law Office of Todd Boley: The Law Office of Todd Boley is a practice that emphasizes civil rights and complex liability actions. Mr. Boley draws on over 35 years of experience representing individuals and governmental agencies. More information is available at boleylaw.com.

SOURCE Hinton, Alfert and Kahn and the Law Office of Todd Boley