SANTA ANA : Woman May Settle Lawsuit for $12,500

A proposed $12,500 out-of-court settlement was reached Thursday in a civil suit filed on behalf of a homeless woman who was injured when she was arrested by a Santa Ana police officer in 1989.

The proposed settlement for the woman, known in documents as Kathy Jane Doe, now goes to the City Council.

The settlement was agreed to Thursday by Doe and A.J. Pyka, an attorney for Santa Ana, said Christopher B. Mears, an Irvine lawyer representing Doe.

Mears said the suit stemmed from the Nov. 26, 1989, arrest of Doe for allegedly sitting on private property and drinking beer at the railroad station in Santa Ana. A police officer accused her of drinking in public, even though she was on private property, Mears said. During the subsequent attempt to arrest her, there was a struggle and Doe was thrown to the ground, fracturing her cheekbone, Mears said.

Doe’s suit against the city alleged unlawful arrest and excessive force.

Pyka said Thursday that the proposed settlement is not an admission that the police officer erred in making the arrest.

“We believe his actions were reasonable,” Pyka said. But he added that the city had some concern that if the case went to trial, “a jury might conclude the force was excessive.”

Mears characterized the proposed settlement as a victory for those who oppose the Santa Ana Police Department’s controversial “sweeps” of homeless residents.