City of San Leandro
Nathaniel Willingham v. Greg Cannedy
Meyers Nave attorneys defended two San Leandro police officers against plaintiff, Nathaniel Willingham, who claimed he was arrested unlawfully.
Plaintiff Nathaniel Willingham, an attorney specializing in suits against governmental entities for civil rights violations, filed this action alleging violation of his civil rights in his arrest the evening of May 24, 2005.
Mr. Willingham called 911 to report that his wife committed acts of domestic violence against him. San Leandro Police Department officers Mike Sobek and Greg Cannedy responded to the call and reported to the apartment from which the call was made. During the investigation, Mr. Willingham reportedly became uncooperative after the officers informed him that his wife’s actions did not qualify as domestic abuse. The officers asked the Plaintiff to step outside of the apartment to have a discussion, and he obliged.
At that point the Plaintiff was arrested on a charge of public intoxication. Mr. Willingham sued the San Leandro Police Department, the Chief of Police, the jailers, and the arresting officers on the grounds of unlawful arrest, alleging that he was neither intoxicated nor in public at the time of the arrest. He alleged that he was not in public at the time of the arrest because he was a resident of the apartment, and that the officers ordered him to exit the apartment.
The defense argued the arrest to be lawful because Mr. Willingham was not a resident of the apartment, but instead was visiting his wife after having lived in and practiced law in North Carolina. The defense further argued that the Plaintiff exited the apartment of his own volition. The Chief of Police and the two jailers were both dismissed by the Court in response to the Defendants’ Motion for Summary Judgment. The case proceeded to verdict as to officers Sobek and Cannedy.
During trial, the Plaintiff sought $90,000 for alleged emotional distress that affected his sleep and work patterns. The defense argued that the officers did not cause the Plaintiff ’s damages, nor were they liable, as the arrest was authorized under California Law.
Following deliberations of less than an hour, the jury unanimously returned a complete defense verdict, finding that officers Sobek and Cannedy had probable cause to arrest Mr. Willingham on the charge of public intoxication.
Status
Status: Completed
Attorneys
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Kevin Gilbert is experienced in all aspects of civil litigation - from pre-litigation investigations and negotiations through trial. He now focuses on representation of public entities as both plaintiffs and defendants in litigation. Kevin has tried numerous jury and bench trials through verdict in State and Federal courts. |
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Kim Colwell handles torts, civil rights, employment, land use and contract disputes. She also handles many cases for the Judicial Council of California, representing judges, appellate court justices and court employees in Northern California. Kim has conducted over 75 trials at both the Federal and State level involving civil rights violations, employment discrimination allegations, and Americans with Disabilities Act (ADA) claims.
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