FRESNO (LN) — U.S. District Judge Dena Coggins granted petitions for minor’s compromise on Friday for Plaintiffs P.C., A.C., and J.C., who were eight, six, and five years old of the July 2022 incident that led to their father’s death.
The settlement allocates a gross amount of $1.11 million to each minor, including their share of costs and attorney’s fees. After deducting fees and costs, each boy will receive a net recovery of approximately $1.15 million.
The funds will be distributed through a mix of immediate cash and long-term structured annuities. Each minor will receive approximately $51,000 in an FDIC-insured court-blocked account, providing $500 monthly payments to their guardian, Teresa Clutter, until they turn 18.
The remaining $1.1 million for each minor will be used to purchase tax-free structured settlement annuities from The Prudential Insurance Company of America. These annuities will provide six guaranteed lump-sum payments starting on each boy’s 18th birthday, with the final payments scheduled for 2054, 2055, and 2057.
Coggins found the settlement fair and reasonable, noting that while the plaintiffs contended the police officers’ use of deadly force was not justified, the facts showed the father was holding a tail hitch when shot, which a jury could have found justified the officers’ actions.
The court also approved approximately $1.5 million in attorney’s fees for Burris Nisenbaum Curry & Lacy, LLP, representing the minors and their mother, Brittoni Estrella, who died during the litigation. The total litigation costs of approximately $47,000 were also approved.
The court granted in part the plaintiffs’ request to seal portions of the supplemental brief and retainer agreements to protect the minors’ names and birthdates, but denied sealing the rest of the retainer agreements as they did not contain privileged communications.
The parties must file dispositional documents within 90 days of the order.