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Trial Magazine

Verdicts & Settlements: Government Liability

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Improper hiring of police officer

December 2024

The San Mateo Police Department (SMPD) hired Noah Winchester as an officer. In the span of approximately 10 months, Winchester allegedly used his authority to sexually assault at least three women while he was on duty, driving a marked SMPD vehicle, armed, and wearing his uniform and badge. Winchester is now incarcerated.

The three women sued Winchester, the SMPD, and the city of San Mateo, alleging sexual battery and assault and vicarious liability. The plaintiffs asserted that the SMPD ignored disqualifying red flags when deciding to hire Winchester, including his alleged commission of a crime while on duty as a uniformed police officer in another jurisdiction.

The parties settled for $25 million.

Citation: Does v. Winchester, No. 22-CIV-01066 (Cal. Super. Ct. San Mateo Cnty. Mar. 2024).

Plaintiff counsel: AAJ members Todd Emanuel and Pamela Glazner, both of San Mateo, Calif.