LAGUNA BEACH : Man Mistakenly Jailed Gets $8,000

The City Council has agreed to pay $8,000 to settle a 2-year-old lawsuit filed by a man who was mistakenly jailed by Laguna Beach police.

According to a report presented to the City Council this week, Shawn Russell spent three days in Orange County Jail in November, 1988, after being mistakenly arrested on an outstanding traffic warrant. The warrant stemmed from an April, 1988, incident in which a Laguna Beach police officer stopped Christopher Porcher, Russell’s roommate at the time, for allegedly driving the wrong way on a one-way street.

Porcher, then a Dana Point resident, told police that he left his driver’s license at home and identified himself as Russell, according to City Manager Kenneth C. Frank. After Russell was arrested and jailed, he filed a lawsuit against the city of Laguna Beach.

Frank said the physical descriptions of the two men were similar. But Russell, who now lives in North Carolina, maintained that the Police Department should have been able to tell the difference, Frank added.

According to Frank’s report, Russell was awarded $20,000 during arbitration and the city later requested a trial. However, during a pretrial conference, the parties agreed to settle for $8,000.

This week, Frank asked the council for authorization to settle the claim because, he said, it would cost less than going to court. The council agreed.