Miss-Delectable
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The Modesto Bee | Modesto, deaf man near deal
Modesto is nearing a settlement with Harry Tessien, a deaf man who sued the city in 2007 claiming police officers inappropriately apprehended him and used excessive force to subdue him despite his shouts that he couldn't hear their commands.
City Attorney Susana Alcala Wood and Deputy City Attorney James Wilson on Oct. 8 filed a notice with the U.S. District Court, Eastern District of California, indicating that a settlement was forthcoming.
That notice allowed the court to cancel hearings in the trial.
Paul Strange, Tessien's attorney, said the settlement talks aren't finished and that he couldn't disclose details.
"We have a sort of overriding agreement," he said.
Wilson didn't return a call for comment.
Tessien's complaint said he was seeking unspecified compensation and attorneys' fees.
Tessien has asserted that he was driving north on McHenry Avenue on March 11, 2006, about 1 a.m. when he noticed flashing lights in his rearview mirror and pulled over.
Tessien could not hear officers' orders for him to get out of his truck with his hands up. He claimed police shot out his rear window within a minute of stopping him. He alleged officers shot him several times with heavy bean bags while he shouted, "I am deaf, I am deaf."
Officers reportedly were looking for a red pickup that might have been involved in a downtown incident that night. Tessien was driving a truck with its lights out, and, according to police, he had a blood alcohol level of 0.11 percent, above the legal level of 0.08 percent.
Modesto is nearing a settlement with Harry Tessien, a deaf man who sued the city in 2007 claiming police officers inappropriately apprehended him and used excessive force to subdue him despite his shouts that he couldn't hear their commands.
City Attorney Susana Alcala Wood and Deputy City Attorney James Wilson on Oct. 8 filed a notice with the U.S. District Court, Eastern District of California, indicating that a settlement was forthcoming.
That notice allowed the court to cancel hearings in the trial.
Paul Strange, Tessien's attorney, said the settlement talks aren't finished and that he couldn't disclose details.
"We have a sort of overriding agreement," he said.
Wilson didn't return a call for comment.
Tessien's complaint said he was seeking unspecified compensation and attorneys' fees.
Tessien has asserted that he was driving north on McHenry Avenue on March 11, 2006, about 1 a.m. when he noticed flashing lights in his rearview mirror and pulled over.
Tessien could not hear officers' orders for him to get out of his truck with his hands up. He claimed police shot out his rear window within a minute of stopping him. He alleged officers shot him several times with heavy bean bags while he shouted, "I am deaf, I am deaf."
Officers reportedly were looking for a red pickup that might have been involved in a downtown incident that night. Tessien was driving a truck with its lights out, and, according to police, he had a blood alcohol level of 0.11 percent, above the legal level of 0.08 percent.