This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Civil Rights
Police Misconduct
42 USC Section 1983

Durrell Puckett v. Los Angeles County Sheriff’s Deputy Jaquez, Deputy Romero, Deputy Suarez, Deputy Cueva, Deputy Ruiz, Sergeant Berry, Sergeant Renfrow, and Sergeant Moses

Published: Jun. 11, 2011 | Result Date: Mar. 17, 2011 | Filing Date: Jan. 1, 1900 |

Case number: CV 07-7853-RJB Verdict –  Defense

Court

USDC Central


Attorneys

Plaintiff

David M. Philips

William Domnarski


Defendant

J. Edwin Rathbun
(Office of the City Attorney)

Andrew C. Pongracz
(Seki, Nishimura & Watase LLP)


Facts

Plaintiff Durrell Puckett, brought suit under 42 U.S.C. section 1983 for four separate alleged incidents of civil rights violations at the Los Angeles County Men's Central Jail involving five deputies and three sergeants from the Los Angeles County Sheriff's Department. All four incidents were tried together.

The first incident allegedly occurred on June 24, 2007. Plaintiff claims that he was forcefully removed from his dorm bunk in the jail by Deputy Jaquez, verbally abused and then slammed against a hallway wall as he was handcuffed. Plaintiff then claimed he was slammed against the corner of a metal bench, leaving his face and head bloodied and swollen. Deputy Jaquez allegedly made racially derogatory comments while beating the plaintiff. Sergeant Berry allegedly witnessed the incident and did nothing. She also failed to provide plaintiff medical care for his facial and head injuries. Several inmates witnessed the incident and one was brought into court from prison to testify on behalf of plaintiff.

The next incident occurred on Sept. 8, 2007 when Sergeant Berry failed to clean the plaintiff or his cell after he was "gassed" (human bodily fluids thrown on him) by an inmate in a cell next to him. Deputy Berry allegedly laughed at him and made derogatory comments to him.

The third incident occurred on Oct. 15, 2007. After plaintiff allegedly developed severe chest pains and attempted suicide, he claimed he was denied medical care by Deputy Ruiz and Sgt. Moses, even after several inmates pled with deputies to help plaintiff. Plaintiff called a witness at trial who testified to plaintiff's alleged medical needs and the actions of other inmates to alert deputies to plaintiff's apparent need.

The fourth alleged incident occurred on Nov. 8, 2007 when plaintiff was carried from one portion of the jail to another. Plaintiff alleged that two of the four deputies carrying him, Deputy Romero and Deputy Cueva, beat and kicked him while Sgt. Renfrow stood by and watched. Plaintiff alleged that Deputy Suarez, a deputy observing the transport, made discriminatory and threatening comments toward him. Finally, plaintiff alleged that he was forcefully slammed to the ground when brought to his new cell and left in his handcuffs for several hours thereafter.

Damages

Plaintiff requested compensatory damages and punitive damages against each defendant. The demand of plaintiff's operative complaint was $125 million.

Injuries

Plaintiff showed the jury video footage from an interview taken shortly after the Nov. 8, 2007, which depicted injuries to the plaintiff's head and face. Plaintiff also claimed his back and neck were injured in the Nov. 8, 2007 incident. He also claimed his nose and lip were injured and bloodied during the June 24, 2007. He also claimed he was denied medical care on three of the four subject dates.

Result

Defense verdict.

Other Information

The defense post-trial motion to tax was granted May 27, 2011 in the amount of $2,655.55. Defendants will execute on the judgment. INSURER: County of Los Angeles is self-insured.

Deliberation

six hours

Poll

8-0

Length

three days


#100753

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390