San Diego City Council Approves Nearly $1.5 Million Settlement for Two California Men in Wrongful Arrest Suit

A civil rights lawsuit filed by a Morrison Foerster team lead by litigator Mark Zebrowski has reached a $1.475 million settlement on behalf of pro bono clients Brandon Duncan and Aaron Harvey for a wrongful arrest lawsuit involving the two San Diego, California men.

In 2017, Morrison & Forester filed a federal civil rights lawsuit against the City of San Diego and two police officers over the 2014 arrest under Penal Code Section 182.5 that were based in part on their  social media postings and Duncan’s rap lyrics. The charges were ultimately dismissed by a judge who found there was no evidence that Duncan or Harvey committed any crimes after they spent seven months in county jail. The civil rights lawsuit claimed that they were wrongfully arrested and incarcerated and the federal court found there was no probable cause for the arrests.

The San Diego City Council approved the settlement on Tuesday, February 11, which will be evenly split between Duncan and Harvey.

“Of course nothing can truly compensate our clients for what they have been through. They lost seven months of their lives, time with loved ones, income and of course peace of mind, with consequences that continue to this day. We have been privileged to represent Brandon and Aaron without charge and we are pleased to achieve this result for them and we appreciate the City’s participation in mediation and its agreement to resolve this matter so our clients may put this behind them and move forward,” said Mr. Zebrowski.

In addition to Mark, the Morrison Foerster team included associates John Lanham, Niles Pierson, and Karina Pundeff.