Modesto pays $60,000 more in lawsuit, bringing total to $805,000

Modesto is paying $60,000.01 to resolve the remaining allegations in a federal civil rights lawsuit that claims police officers entered a woman’s home without a warrant or her permission during a civil dispute.

The payment is for the woman’s adult son, Wade Mugrauer, who was at home during the incident and said officers could not enter without a warrant. Modesto agreed to pay his mother — Patricia Mugrauer — $745,651.01 in January to resolve her claims.

Modesto Risk Manager Bev Jensen said in an email that two checks totaling $805,651.02 have been issued and will be sent to the Mugrauers’ legal counsel. Modesto also will be paying the Mugrauers’ legal costs. The amount has not yet been determined.

Officers entered Patricia Mugrauer’s east Modesto home in January 2015 to help a young woman who had been renting a room with her boyfriend from Mugrauer retrieve her possessions after the couple had split up. Mugrauer politely asked officers to wait for the boyfriend to be present so there would be no misunderstandings about the possessions.

Mugrauer told officers the boyfriend would be home soon. She also said he worked nearby and asked officers to bring him to the house. But police body camera footage shows an officer pushing the front door open with his left hand while pushing the elderly Mugrauer out of the way with his right arm. The officer is at least twice as big as Mugrauer, who tumbles backward, hits the floor with a thud and breaks her hip.

Mugrauer, 69, died a week after resolving her part of the lawsuit in January. Sanjay Schmidt, one of the attorneys representing the Mugrauers, has said the payment will go to her estate. The Mugrauers’ other attorney is Panos Lagos.

Schmidt said in an email that the difference in the payments is related to the significant harm and loss experienced by Patricia Mugrauer, including surgery for her hip fracture and her loss of mobility as well as her pain and suffering. A family member has said Mugrauer used a walker after breaking her hip.

Modesto did not admit to any liability in resolving Patricia Mugrauer’s allegations. Schmidt said the city did not admit to any liability in resolving Wade Mugrauer’s allegations. City Attorney Adam Lindgren was not available for comment Monday.

This story was originally published April 24, 2017 at 5:56 PM with the headline "Modesto pays $60,000 more in lawsuit, bringing total to $805,000."