Facts

Plaintiff Steven Dale Percelle filed suit against Assistant Institutional Gang Investigators defendants Officer Steve Pearson, Officer Derek Arredondo, and Sergeant Michael Williams, in relation to his transfer from the general prison population at CTF-Soledad to the Administrative Segregated Housing unit on Jan. 23, 2012.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that his transfer was based on a pretextual gang validation commenced by defendants Pearson, Arredondo and Williams. The supervision of these three defendants was by Institutional Gang Investigator defendant Lieutenant Dylan Fletcher, who was aware of all of the facts of the unsupportable investigation when he signed a gang validation package.

Plaintiff claimed that defendants' actions commenced immediately following, and were motivated by, plaintiff obtaining a default against the individual defendants' employer, the CDCR. Plaintiff had no history of gang involvement. Nevertheless, defendant IGI Lieutenant Fletcher, and defendants assistant IGI Officers Pearson and Arredondo and Sergeant Williams, conducted a pretextual investigation and gang validation.

The gang validation package, which they prepared, reviewed and/or signed, did not contain indicia of gang membership that complied with the requirements of Title 15 of the California Code of Regulations. It also did not indicia of gang membership that complied with the CDCR Department Operations Manual, or the CDCR Office of Correctional Gang Validation Manuals , or the training received by each defendant including pursuant to the settlement agreement in Castillo v. Alameida, C-94-2847-MJJ-JCS.

This gang validation package, consisting of a total of 11 pages, did not include the information that defendants knew of which proved that plaintiff was not a member of a prison gang. Once reviewed by the OCS, the gang validation was, like all other gang validations, upheld by the CTF-Soledad Administrative Segregation Unit Institutional Classification Committee. As a result, plaintiff spent the duration of his now extended determinate sentence in administrative segregation. Plaintiff claimed he suffered from, and continues to suffer from, psychological injuries as a result of the investigation, pretextual validation, and placement in those conditions of confinement under these pretextual circumstances.

DEFENDANT'S CONTENTIONS:
Defendant contented that their actions were justified by the CDCR's need to control prisons. Defendant also contended that they did not validate plaintiff as a member of a prison gang, the CDCR Office of Correctional Safety did.

Settlement Discussions

Defendants indicated a nuisance value settlement in the range of $5,000 to $10,000 at the time of a September 2015 settlement conference with Magistrate Judge Nandor J. Vadas. Plaintiff indicated a settlement demand of $100,000. Plaintiff sought to elicit a further settlement offer, but none was given.

Injuries

Plaintiff suffered agoraphobia, paranoia, claustrophobia, anxiety, depression, and insomnia.

Result

Plaintiff's verdict for $535,000 against defendants Pearson, Arredondo, Williams and Fletcher. Defendant Officer Steven Pearson, Officer Derek Arredondo, Sergeant Michael Williams and Lieutenant Dylan Fletcher were found jointly and severally liable for the amount of $335,000 in compensatory damages. The jury also found in favor of plaintiff and against defendant Officer Steven Pearson without joint and several liability in the amount of $50,000 for exemplary damages. Additionally, exemplary damages against Officer Derek Arredondo in the amount of $50,000, against Sergeant Michael Williams in the amount of $50,000, and against Lieutenant Dylan Fletcher in the amount of $50,000.

Other Information

Motion for New Trial and Motion for Fees are pending. FILING DATE: Oct. 16, 2012.

Deliberation

two hours

Poll

8-0

Length

eight hours