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January 17, 2014

City Attorney Contact: (510) 238-3148

Statement regarding Ovetz v. City of Oakland, et al.

OAKLAND, CA – Robert Ovetz brought suit against the City of Oakland, Ovetz v. City of Oakland, et al., No. 12-6180 LB (United States District Court for the Northern District of California), alleging that he was unlawfully arrested and subject to excessive force in connection with his January 28, 2012 arrest at an Occupy Oakland protest. Mr. Ovetz alleges that he was injured by two baton strikes to his body and suffered damage to his teeth. Although Mr. Ovetz was initially charged with felony assault on an officer with a deadly weapon, misdemeanor assault on an officer, and misdemeanor failure to leave the scene of a riot, the District Attorney subsequently dropped all criminal charges against Mr. Ovetz. The City of Oakland denies any and all wrongdoing and liability, but has determined that it is in the City’s best interest to settle the case. The parties agreed to settle the matter on the following terms: (1) that the City of Oakland pay Mr. Ovetz $48,500, (2) that the City agree not to oppose Mr. Ovetz’s petition for a determination of factual innocence under California Penal Code section 851.8, (3) that Mr. Ovetz provide a full release to all defendants in the action and (4) that the terms of this settlement be available on the City Attorney’s website for 180 days.