Attorney: Foley to settle lawsuit for $5.5 million
By ELLIOT SPAGAT - Associated Press | ∞
SAN DIEGO ---- Former Chargers linebacker Steve Foley has agreed to a $5.5 million settlement in his lawsuit against a police officer who shot him while off-duty two years ago, ending his professional football career, his attorney said Monday.
Foley struck the agreement with the city of Coronado and Officer Aaron Mansker last week, on the day he was scheduled to testify in his civil trial in San Diego Superior Court, but the terms were not released at the time.
Foley attorney Harvey Levine said the entire sum would be paid by the city of Coronado, an upscale enclave on San Diego Bay.
"He's going to be able to get on with his life and bring some closure," Levine said.
The Coronado City Council was scheduled to meet Monday afternoon to consider approving the settlement. City Attorney Steve Boehmer, who represents the city and Mansker, did not immediately respond to a phone message.
Foley, 32, was shot in his leg, hip and hand in September 2006 after Mansker tailed his car home from downtown San Diego to suburban Poway, 15 miles north, on suspicion that the driver was drunk.
Mansker, then a 23-year-old rookie officer, was driving his personal car and wearing a T-shirt and jeans when he twice pulled up next to Foley and ordered the player to pull over. Foley ignored the orders and drove home because Mansker didn't identify himself as a police officer, Levine said during the trial.
The two men confronted one another in Foley's cul-de-sac. Mansker testified at the trial that he fired when he saw Foley reach for his waistband, thinking the player had a gun.
Foley pleaded guilty in 2007 to misdemeanor drunken driving.
He was released two years early from his contract with the Chargers in March 2007 and has moved to Houston, where he is caring for his 11-year-old daughter and plans to complete his college degree, Levine said.
Mansker was cleared of criminal liability after the San Diego County district attorney's office found he shot in self-defense. Mansker was honored by Mothers Against Drunk Driving at a luncheon in March for making 57 drunken driving arrests in 2007.
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WOW wrote on Jul 7, 2008 1:15 PM:Aaron Mansker should be proud. Not only did he act recklessly by his own admission and by the policy of the police dept he worked for, he also cost them 5.5 million dollars. Good Job Mansker, way to protect and serve the people.
Look out White and wrote on Jul 7, 2008 1:29 PM:SDPD and OPD, here comes da Judge.
esteban wrote on Jul 7, 2008 1:35 PM:Looks like Fooley got a lot less than he hoped for. Shoulda got NOTHING!!! His lawyer obviously settled for less because he knew he had a weak case for Fooley.
eysadam wrote on Jul 7, 2008 2:28 PM:wow,a rookie cop out of uniform.what gives him the right to pursue anyone?the proper procedure is to call the cops.sounds like he went cowboy,thanks to hollywood,dosent deserve to wear a badge.if a regular citizen had tried that they would get 25 to life for attempted murder.
Ann wrote on Jul 7, 2008 2:38 PM:To: Look out White, This is an entirely different case. Foley was entitled, there was no threat to the officer and he had ample time to call for back up. White had only minutes and a direct threat.
Be fair, look past your own prejudice against authority.
To Ann wrote on Jul 7, 2008 2:50 PM:AGAIN, let me direct your attention to the two vehicles in the Sylvia case. Please point out for the readers what the damage was to both vehicles.
Questions wrote on Jul 7, 2008 2:50 PM:The question now is what will happen to Mansker? Will his police union protect his job? Will Coronado consider him such a liability that they must fire him? If fired, would ANY police agency ANYWHERE take a chance and hire him? Will he ever get work where he's allowed to carry a loaded gun again? Will MADD try to get their trophy back? Will it now be safer on the street for mature citizens?
Bad Habit wrote on Jul 7, 2008 3:06 PM:I think it is funny to hear people say he should have called for back up - the original report says he did but other departments were to busy. I guess the other side of the coin is for him to just of let it go like most poeple do nowadays and that is why crime has run rampant. I think now that he has received millions of dollars each person on the freeway that night with Foley should sue him for assault with a deadly weapon.
To Bad Habit wrote on Jul 7, 2008 3:16 PM:No one can sue Foley for assault with a deadly weapon because he never hit anyone with his car that night.
To Questions wrote on Jul 7, 2008 3:17 PM:Nothing will happen to Mansker. He's already been absolved of any wrongdoing by the DA's office and the union will protect anything the DA didn't cover.
Otto wrote on Jul 7, 2008 4:09 PM:I say GOOD for Foley! He's certainly no more a loser than is this Mansker 'hero wannabe'. I find humor in the notion 5.5 million is probably about 5.49 million more than the City of Coronado has. Good luck with that guys. And in case anyone cares (and some of you should), it might take some parlor tricks and finessed machinations, but the City of Escondido WILL BE the next one to pony up 'meelions' of dollars for the Stephanie Crowe case. They're only saving grace at the moment is the case has not been allowed forward, but it will proceed 'I guarantee it'. How these cities can continue to AFFORD so many 'lackey policemen' is beyond me, but then again it's just one of the many things I have no comprehension of when it comes to the jurisdictions that have supposed 'control' over us. As Abraham Lincoln put it many years ago IN REFERENCE TO EVERYONE and EVERYTHING, "You never have the right to choose to do wrong."
Hey esteban wrote on Jul 7, 2008 4:13 PM:So Coronado is giving away 5.5 MILLION dollars on a weak case, GET REAL they would lose a lot more at trial Mansker blew it Big time!I am sad that Mansker doesn't have to pay anything personally.
Bully Cop wrote on Jul 7, 2008 4:16 PM:Not condoning Foley, but this 23 year old kid wanna be Supercop should be off the Force...any Force!
Foley should have gotten $50 million for what this fool put him through. I wonder if Steve Foley was a prominant white quarterback if he would have gotten closer to that $50 million settlement figure? This renegade cop would have been then been vilified and labeled out of control. Cops like this we don't need.
To Bad Habit wrote on Jul 7, 2008 4:30 PM:If you really think the only way to get drunk drivers off the road is to follow them in your personal car, in the middle of the night, flashing your lights and waving a gun at them, continue to follow them home and shoot them, then I sure hope you're not a cop.
Im next wrote on Jul 7, 2008 5:08 PM:Incredible. I'm going to get looped and drive like a maniac and collect my $5.5 mil. Foley should be in jail.
THE ONE wrote on Jul 7, 2008 5:52 PM:I guess you could call Steve Foley the "5.5 Million Dollar Man"?
North County Resident wrote on Jul 7, 2008 6:21 PM:It's time for Coronado to fire Mansker and the voters to remove Bonnie Dumanis as District Attorney.
To Im next wrote on Jul 7, 2008 6:27 PM:Just hope when you do that the off-duty cop that shoots you isn't a better shot than Mansker.
Jeff wrote on Jul 7, 2008 6:32 PM:The news keeps reporting that Coronado will only have to pay $100,000 and insurance will pay 5.4 million of this settlement. So now ALL cities will feel the pain of Manskers bonehead actions when they renew their liability insurance, if it is still available at any price. Thanks Mansker!
Bad habit wrote on Jul 7, 2008 6:34 PM:Foley did assualt everyone on the road with him that night there just wasn't any battery. And of course I do not condone average Joe to folllow drunks home every night and flash your headlights because average Joe is not trained for this but an off duty police officer has more of a responsiblity to the public - we do not know what really happened that night in front of Foley's house. Even Caltrans is asking average Joe to call on drunk drivers (see the reader board signs on the freeways) My point is that crime is getting more rampant because most people turn a blind eye to crime. What I do know is that everytime a drunk gets behind the wheel everyone around them is now involved in a game of Russian Roulet.
esteban wrote on Jul 7, 2008 6:57 PM:mansker will keep his job because he did nothing wrong. So the anticops will have to deal with that. Also, because of this fiasco, Mansker will turn a blind eye to drunk drivers off duty from now on. Hopefully, one of those drunks Mankser used to catch off duty won't slam into your family. Society lost on this one. Congrats.
to Hey Esteban wrote on Jul 7, 2008 7:20 PM:I'm not to crazy about Esteban, but if you were following the case, if Mansker blew it, then why take a settlement without your client testifying. why settled for 5 when you can get 50? doesn't make sense to me!
Justice wrote on Jul 7, 2008 7:37 PM:What a joke. Where is the justice? The public is growing weary. This type of "Off Duty" vigilantism is out of hand. There are too many simularities in the White case. Mansker and White must of had the same instructor in basic training. I'll bet White is giggling to himself right now...Damn...
Attorney wrote on Jul 7, 2008 7:55 PM:How much is his take sure pays to be an attorney ambulance chaser.
cj wrote on Jul 7, 2008 8:11 PM:SO LET ME GET THIS STRAIGHT- FOLEY GETS 5.5 MILLION FOR BEING SHOT BY AN OFF DUTY COP AND THE WOMAN IN OCEANSIDE GETS ARRESTED AFTER BEING SHOT BY AN OFF DUTY COP!!!! WHERE IS THE JUSTICE IN THIS??? GUESS SHE SHOULD HAVE BEEN A BIGGER NAME!! IT IS TIME TO GET SOME TYPE OF CONTROL OF THE ONES WE ARE PAYING TO PROTECT US.
to Justice wrote on Jul 7, 2008 8:20 PM:the public is growing weary? speak for yourself! These people (Silva and Foley) put US at risk by drinking and driving, so why should we care about them.
You are right on the too many similarities, all the people shot in these incidents were drunk or high on drugs and didn't care about the rest of us.
When a normal "citizen" gets shot by off duty officer then I'll begin to worry.
Don't forget White was minding his own business when crazy Silva decided to act up.
So learn the lesson don't drink and drive and you won't get shot! Maybe this is what we need to prevent 15,000 death a year caused by drunk drivers
to to Hey Esteban wrote on Jul 7, 2008 8:35 PM:Foley's attorney explained it very well,
with a trial all it takes is a few jurors to cause a mistrial or want to divide the award and run up costs. Obviously the city of Coronado
(and their insurance carrier) must have felt very liable and 5 and a half million dollars isn't peanuts.
The . million is spare change for the city of coronado wrote on Jul 7, 2008 10:04 PM:Don't be fooled by anyone that says the city doesn't have the money. By the way, no taxes should be taken out of the money so the end value is a lot more than 5.5 million.
Art wrote on Jul 8, 2008 12:41 AM:For the safety of the public, police officers should turn in their weapons when they go off duty.
robert wrote on Jul 8, 2008 1:08 AM:where is my comment nct????
to justice wrote on Jul 8, 2008 5:23 AM:if he explained it very well why take 5 when you can 50? I think he knew Foley was a terrible witness....
geko wrote on Jul 8, 2008 6:41 AM:Estaban - ...You obviously would feel much better in the arms of the third reich. We as a nation do not have to submit to anyone on word alone unless properly designated an authority figure.
To Geko wrote on Jul 8, 2008 8:48 AM:Better look around. We are already slipping into a fascist state. It starts with political correctness, and continues with "safety" being used as an excuse to pull over every driver on a highway for over 6 hours. The dudes in the third reich WERE the authority figures. The direction things are going, at least around here, is dangerously close to a steep and slippery slope leading only to a more authoritarian culture with fewer freedoms. It's not when the kooks support these ideas, but when the authorities support these ideas that things get scary. Mankster really shouldn't have put himself in that situation. But for those that compare this to White: 1) He was legally carrying a gun 2) He felt he and his wife were dangerously threatened and so 3) He used his weapon to protect himself. I just don't see the parallel.
No winners here wrote on Jul 8, 2008 9:31 AM:I wonder how much of this money will go to Lisa Maree Gaut? She was sent to jail for taking a run at Mansker to protect Foley.
estaban wrote on Jul 8, 2008 10:53 AM:i want to take mansker and white to dinner for the good work they are doing
to dinner esteban I bet wrote on Jul 8, 2008 1:00 PM:estaban
[-] wrote on Jul 8, 2008 10:53 AM:"i want to take mansker and white..." Wow esteban, I bet you do! We know how you love your Cops.
Hey Estabum wrote on Jul 8, 2008 2:40 PM:Is your cheap talk any indication of the amount your willing to spend on dinner?
Jack wrote on Jul 8, 2008 2:41 PM:This whole drunk driving law is at both a cop and judges discretion. Most are not aware that you can still be convicted even if your alcohol level is below the limit. They call it "HBD" (Had been drinking). I've know two people convicted on it even though one blew a .065 and the other a .07 when the law was .10. I've also known responsible drinkers who knew they were too drunk arrested for walking home even though they weren't that bad. I was ejected many years ago from a major San Diego hotel's parking lot for taking a one hour coffee break in my vehicle after closing time to make sure that I was safe to drive my car back to North County. the hotel was glad to take my money while i was in the bar and restaurant but allow me to sit in my car for an hour? What hypocracy.
esteban wrote on Jul 8, 2008 6:25 PM:You fools, fake esteban is posting. I can spell my own name right.
esteban wrote on Jul 8, 2008 6:27 PM:The reason you can be arrested for a BAC below .08 is because there are two sections to the drunk driving laws. One is driving with the BAC over .08. The other is driving while impaired. So you don't have to be a .08 to get a DUI. If you are a .06 and are driving like crap, you will still be DUI. Feels good to learn something doesn't it?
To tutor-ban wrote on Jul 9, 2008 6:30 AM:Does that mean White could have been arrested for DUI? You know, driving like crap under point 08. Oh, that's right, we don't know what his BAC was since the cops didn't bother to test their buddy.
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