San Luis Obispo -- We may soon know the outcome of an excessive force lawsuit involving San Luis Obispo and Cal Poly Police. Under the terms of a tentative settlement... The City of San Luis Obispo and Cal Poly would pay Jeffery Milne, the owner of Babbo's Pizza, nearly $200,000 dollars. Police were called to his home in 2007 after receiving a report of a possible burglary. Milne says he was mistaken for a burglar and officers wrestled him to the ground, using pepper spray and injuring his wrist.
Milne's attorney, Lou Koory says, "the case will be dismissed in exchange for payment of the money. Payment of the money is probably the closest thing to an apology that Jeff Milne will ever receive from the police department." Milne was ultimately arrested for resisting arrest. In October of 2007, a jury acquitted him of that charge.