In a stunning ruling last week, an Alameda County Superior Court judge accused Oakland City Councilwoman Desley Brooks of repeatedly lying under oath during a civil case brought against her by a former Black Panther Party leader. But he also deemed the jury’s award of $3.75 million in compensatory damages and $550,000 in punitive damages to be “plainly excessive” and ordered them reduced to $1.2 million and $75,000 respectively.
Judge Paul Herbert empathized with the jury’s decision, despite his findings that the amount they awarded was not based on the facts and evidence in the case. Brooks’ false testimony and ‘lies’ had clearly earned their ire, he said.
“The jury allowed their feelings of anger and disbelief toward Ms. Brooks to unduly influence their determination of the damage amounts to be awarded for both compensatory and punitive damages," the judge found.
It’s important to note that Brooks wouldn’t have had to pay the $3.75 million anyway. The compensatory damages will be footed by the city’s liability insurance. Brooks must pay the punitive portion, however.
Judge Herbert’s contention that Desley Brooks committed perjury comes as the city’s mayor is trying desperately to push her out. Books has been a combative and controversial presence on the council and has already cost Oakland too much money, Mayor Libby Schaaf has said.
The victim in the civil case, Elaine Brown, accused Brooks of punching her to the ground during an argument over housing at an Oakland restaurant. The jury found that Brooks had attacked Brown without justification while acting within the scope of her employment with the city and determined that it was an act of elder abuse.
Brown has until May 8 to accept the lesser damages or go through another trial.