A retired school counselor and his wife will receive $75,000 damages in an out-of-court settlement after police, thinking that the couple were growing marijuana in a garden, raided their home in Los Gatos. The “pot” turned out to be a dozen tomato plants. Peter and Jane Franusich filed suit after the September, 1983, raid, claiming that they had been humiliated and stripped of their civil rights. Police, who raided the house after spotting some suspicious plants from the air, discovered the tomato plants and apologized. Police agencies from five cities, one county and the state will all pay a share of the $75,000 settlement.