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$11,000 Settlement for Arresting Wrong Person
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).
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