May 20, 2008

Burlingame settles civil rights suit

By Mark Abramson / Daily News Staff Writer

Burlingame has settled a federal civil rights lawsuit with a woman who claimed that police used excessive force on her and caused her emotional duress.

Lake County resident Angela Ostini filed the suit seeking $1.4 million in February 2007 following a July 10, 2005, incident in which a Burlingame police officer allegedly shoved her into a chair, yelled at her and threatened to arrest her if she refused to quiet down. Ostini said the incident occurred while she was visiting her sister-in-law on Summer Avenue and she became distraught after hearing that her brother had died.

The Burlingame City Council voted 5-0 in closed session Monday night to approve the $27,500 settlement with Ostini.

Ostini said money was never the point of the suit.

"I'm glad it's over, it was extremely unpleasant. I can't handle any more," she said in a telephone interview Monday night.

A civil trial was scheduled to start in June before the case was resolved. Ostini's attorney, Anada Norris, was unavailable for comment.

After the incident, Ostini received a letter of apology from Burlingame police Chief Jack Van Etten. The letter dated Sept. 26, 2005, indicated that the officer's actions were inappropriate and violated police department policies. It also indicated that the officer was punished, but it did not specify what type of discipline he received.

City Attorney Larry Anderson said the settlement was reached after evaluating Ostini's medical bills for mental health treatment and other aspects of the case.

"(It) seems like a fair settlement," he said.



E-mail Mark Abramson at mabramson@dailynewsgroup.com.