San Francisco appeals court verdict upheld against police in gun-planting

"A federal appeals court upheld $3.7 million in damages Tuesday against the city of Oakland and two police officers who, according to a jury, planted an assault rifle on a parolee's property.

Jurors found in November 2007 that the officers had violated the civil rights of the parolee, Torry Smith, and his then-girlfriend, Patricia Gray, by fabricating a case against Smith to justify his arrest in September 2004.

Smith spent 4 1/2 months in jail before being cleared.

The officers, John Parkinson and Marcus Midyett, denied wrongdoing. Alex Katz, spokesman for City Attorney John Russo, called the verdict a "travesty" Tuesday and said that "the officers are the victims."

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