hur V. the city of fremont

Confidential Settlement

Hur was an eight-year-old deaf boy who was arrested, handcuffed and taken into custody without his mother for questioning by the Fremont Police.  Hur was falsely accused of starting a construction tractor that was parked on the street where he lived.  The tractor allegedly lurched forward and damaged 5 parked cars.  There were no injuries and no one witnessed this incident. And yet, after a suggestion by an unknown person who did not witness anything, our eight-year old client was arrested!

This case was featured on the evening news.  (See below.)

We filed suit against the City of Fremont alleging false arrest and excessive force.  A simple investigation revealed what was obvious:  It would be near impossible for a child to start this gigantic tractor unless the owner left the keys in the ignition, the brake disengaged and the engine running.  Even in that case, it would've been very difficult for this child to put the tractor into gear.  (It's not clear who called the police, but the TV news coverage offered some clues.)

There was literally no reason why this deaf child had to be handcuffed and taken into custody without his mother when a simple investigation would've made clear that no crime could have been committed by the child. Even in the worst case scenario, (which we proved was impossible) this could never be more than an accident caused by a child at play.  The only crime the child could be charged with is criminal mischief and this requires malicious criminal intent, which any first year law student could tell you would be impossible to prove. 

Of course, NO CHARGES WERE EVER FILED AGAINST THE CHILD.  And none of the owners of the five damaged cars ever made a claim against the Hur Family.  The damages were presumably paid for by the tractor owner, but this is not known.

This case was settled shortly after we filed suit. The terms of the settlement are strictly confidential.  We can only say that the Hur Family was satisfied with the resolution of the case. 

This case was featured on the evening news.