David Dole, et al. v. County of Los Angeles Sheriffs, et al.
Published: Sep. 2, 1995 | Result Date: Aug. 16, 1995 | Filing Date: Jan. 1, 1900 |Case number: C751398 – $15,954,200
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Garo Mardirossian
(Mardirossian & Associates Inc.)
Thomas E. Beck
(The Beck Law Firm)
Defendant
Facts
In February of 1989, Plaintiff members of a Samoan/American family and friends held a bridal shower for Plaintiff Melinda Dole Paopao, the daughter of Plaintiff Arthur Dole. The Dole family and invited guests at the home ranged in age from a 5-year-old boy to his grandfather; there were 3 generations of family there, celebrating with the Dole sisters, their relatives, and their girlfriends. Most of the men at the gathering had arrived later in the afternoon and early evening to join their wives and girlfriends in wishing the best to Melinda Dole, who was to marry Terry Paopao. The Sheriff's deputies allegedly had received a call about partygoers "fighting in the street with sticks and knives." More than 100 sheriff's deputies converged on the Cerritos bridal shower where dozens sheriffs kicked in the front door, smashed in the rear of the house entry, flooding in across a patio and into the kitchen, pushing, beating, and handcuffing Plaintiffs. As one sheriff deputy later described the scene in a report filed with the department, "if one could visualize attempting to calm or quell the hysteria found in a Halloween house of horror with the screaming and shouting from females and males alike wanting to become involved in a lynching of several Pacific Islander-(sic)type males that deputies were fighting, in an effort to restrain and handcuff, would somewhat depict the scene." A videotape taken by a neighbor showed deputies dragging party guests from the party and striking them with clubs; 35 arrests were made. Sheriff's deputies charged the Plaintiffs with throwing rocks and bottles and inciting a riot. Three Plaintiffs at the bridal shower were tried for numerous felony counts; seven were formally charged. There was a 4-week-long preliminary hearing, followed by a 6-week criminal jury trial, which ended with each family/friend member being acquitted. Charges against all others were dismissed.
Settlement Discussions
Plaintiffs contend their demands varied and Defendants offered $199,000 for the entire group of Plaintiffs.
Damages
Plaintiffs claimed false arrest, violation of civil rights, excessive force, legal fees, defamation of character, and punitive damages.
Injuries
Head injuries and broken hand were sustained by David Dole; also injured were 60-year-old Arthur Dole with broken ribs and a pregnant woman. Many Plaintiffs were struck on their skulls with metal billy clubs and metal flashlights; most were handcuffed and thrown out of the house and onto the front lawn and driveway in the cold February evening air. Six men were struck in the groin, one of whom required testicular surgery. Additional injuries included swollen wrists, fractured bones, and lacerations. Almost all Plaintiffs have suffered and continue to endure post-traumatic stress disorder of a chronic nature as a result of their beatings.
Result
The jury in the liability phase found: (1) that all 25 deputies conspired to deprive all 36 Plaintiffs of their constitutional rights; (2) that 23 of the 25 deputies acted with oppression or maliciousness and were liable for punitive damages; (3) that all 36 Plaintiffs were falsely arrested, detained, or imprisoned; (4) that 34 of the 36 Plaintiffs were subjected to excessive or unreasonable or unnecessary use of force; (5) that 7 Plaintiffs who were formally charged, 3 of whom went through a felony trial, were maliciously prosecuted and thereby awarded malicious-prosecution damages plus attorney's fees as a part of the damages awarded above; and (6) that a pattern, custom, and practice of excessive force within the Sheriff's Department caused the incident.
Other Information
A personnel complaint against the responding police officers was filed with both Sheriff Sherman Block and the Department, over 5 years ago, on March 7, 1989, requesting an immediate investigation into the brutality and subsequent cover up by the Department; there was no response. At the close of the liability phase of this trial, the parties stipulated to punitive damages against all 23 deputies, ranging from $5,000 for the leader (Sgt. Unland) and $3,000 to the more involved, down to $1,000 for the other 18.
Deliberation
not disclosed
Poll
varied
Length
29 weeks
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