Michael Sahakian, Nathalie Sahakian, Karineh Savadian v. City of Glendale, Russell Hancock, Jason Ross, Frank Martinez, Warren Holmes and Does 1 through XX
Published: Jul. 4, 2008 | Result Date: Apr. 29, 2008 | Filing Date: Jan. 1, 1900 |Case number: CV05-7419 FMO Verdict – Defense
Court
USDC Central
Attorneys
Plaintiff
Paul W. Wong
(Law Offices of Paul W. Wong)
Defendant
Experts
Plaintiff
Cynthia Cancelosi
(medical)
Thomas Streed
(technical)
Behrooz Broukhim M.D.
(medical)
Defendant
Richard C. Rosenberg M.D.
(medical)
Robert Fonzi
(technical)
Facts
At about 9 p.m. on Oct. 26, 2003, defendants city of Glendale police officers Russell Hancock, Jason Ross, Frank Martinez, and Warren Holmes interviewed plaintiff Michael Sahakian, 20, in response to a complaint about shots fired near 333 E. Fairview, Glendale. The reporting party described one suspect as Middle Eastern and wearing dark clothing, which matched plaintiff's description. Plaintiffs Nathalie Sahakian, plaintiff's 19-year-old sister, and Karineh Savadian, their mother, in her 40s, approached police officers while they questioned plaintiff. The plaintiffs sued defendants, alleging the officers used excessive force to restrain and arrest plaintiffs.
Contentions
PLAINTIFFS' CONTENTIONS:
The plaintiffs contended the defendants used excessive force during the weapons search of Sahakian, placing him in a chokehold and tackling him to the ground. The defendants punched, kicked, and stomped on him before handcuffing him and placing him in the squad car. They also grabbed and threw plaintiff's mother and sister to the ground, handcuffing them after they inquired about the situation. The defendants arrested the women for obstructing and delaying police officers in violation of Penal Code Section 148, although they were later acquitted. The plaintiffs contended they were polite and courteous, giving the officers no legitimate reason to use force.
DEFENDANTS' CONTENTIONS:
The defendants denied the allegations, arguing they had valid reasons to arrest plaintiff and to use necessary force. They interviewed plaintiff because he matched the suspect's description, but found him uncooperative and vituperative during questioning. During the search for weapons, he struggled, compelling defendants to subdue plaintiff with force and a hold maneuver. Further, plaintiff's sister and mother threw themselves into the confrontation, arguing with the officers and improperly intervening in the interrogation and arrest. Defendants argued plaintiffs' alleged injuries were not caused by the incident.
Damages
Plaintiff Michael Sahakian sought $250,000 in damages. Plaintiff Savadian sought $130,000 in damages for pain and suffering and emotional distress. Plaintiff Nathalie Sahakian sought $50,000 in damages.
Injuries
Plaintiff Michael Sahakian sustained abrasions and injuries to his elbow, neck and back. He also claimed exacerbated preexisting shoulder injury, requiring surgery and physical therapy, as well as emotional distress. Plaintiff Savadian sustained wrist, neck, and back injuries, pain and suffering, and emotional distress. Plaintiff Nathalie Sahakian suffered from emotional distress.
Result
The jury returned a defense verdict.
Deliberation
three hours
Length
five days
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