A former San Carlos resident has settled for $150,000 after suing two police officers who broke into his home with guns drawn after a minor car crash in 2003, his attorney said.
Bruce Hopkins sought $8 million in damages against San Carlos and the officers for violating his civil rights and his trial was to begin Monday in federal court in San Francisco. But on Friday, U.S. District Court Judge Jeffrey White signed off on the settlement.
Todd Master, an attorney who represented the police officers and San Carlos, didn’t return a phone call for comment Friday.
Hopkins’ attorney, Anthony Boskovich, said the settlement was reached Thursday. He said it was on the “high side” for false-arrest cases.
The case stemmed from a fender bender in San Carlos involving Hopkins on Aug. 22, 2003. The other driver followed Hopkins home and called police, according to court records. The driver told police she smelled alcohol on his breath.
After knocking on Hopkins’ front door, officers Armand Bonvicino and David Buelow went to the side of the house and knocked on a screen door. When no one answered, they cut a hole in the screen and entered with guns drawn, according to court documents.
The officers said they went inside because they thought Hopkins had possibly experienced a diabetic emergency, court records state. They found Hopkins on the floor of his bedroom in the garage, and handcuffed and arrested him on suspicion of drunken driving when he failed a Breathalyzer test.
All charges later were dropped against Hopkins, and he sued the city claiming officers entered his home without a warrant, arrested him without probable cause and used excessive force.
In April 2010, the U.S. Supreme Court decided not to hear San Carlos’ appeal of a 9th U.S. Circuit Court of Appeals ruling that allowed Hopkins’ suit to proceed.
“Every judge, when this was looked at, the legal opinion was unanimous, that no reasonable officer would have engaged in the conduct that they engaged in,” Boskovich said.
“I think it was a business decision given the nature of the case,” San Carlos City Attorney Greg Rubens said about the settlement.
Email Jesse Dungan at jdungan@dailynewsgroup.com.
