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Civil Rights
Police Misconduct
Excessive Force

Tommy John Criner v. County of Los Angeles

Published: Sep. 3, 2003 | Result Date: Jul. 24, 2003 | Filing Date: Jan. 1, 1900 |

Case number: EC033899 Verdict –  $0

Judge

Charles W. Stoll

Court

L.A. Superior Burbank


Attorneys

Plaintiff

Blake M. Holler


Defendant

Richard S. Kemalyan


Experts

Plaintiff

James E. Mahone
(technical)

Ronald A. Cyrulnik
(medical)

Defendant

Anthony Feuerman
(medical)

Curtis J. Cope
(technical)

Facts

The plaintiff, a 21-year-old male, was a patron at Universal City Walk. He became involved in a verbal argument with an employee of a local establishment. During the argument, the plaintiff touched the employee on the neck and then they both held each other's forearms. Deputy sheriffs were summoned by a co-worker. The deputies approached from the rear of the plaintiff and did not announce their presence. As the deputies arrived, the plaintiff was not in direct contact with the employee. The plaintiff claimed that the deputies forced him to the ground without identifying themselves and as a result he struggled. The plaintiff claimed that he was struck on the head two or three more times during the ensuing struggle. When he learned it was the police, he stopped and was cooperative. The deputies claimed that upon arriving at the location, the plaintiff made a move toward the employee's neck and one deputy began to pull the plaintiff backwards. The plaintiff then pulled the deputy off the ground causing both to land on the ground. A struggle ensued during which a deputy struck the plaintiff 6-8 times with a fist in the head and pepper-sprayed him twice. No flashlight was ever used on the plaintiff. The plaintiff was arrested, was seen by paramedics and then at Cedars Sinai. He was released the following morning.

Settlement Discussions

The plaintiff demanded between $100,000 and $199,000. The defendants offered $20,000.

Specials in Evidence

$6,000

Injuries

Alleged brain damage and right ulnar nerve damage.

Deliberation

two hours

Poll

9-3

Length

seven days


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