Facts

On April 11, 2012, off-duty Los Angeles Police Department Officer Sergio Arreola arrived to a location where his wife and a family member were speaking with a police officer. At the location was defendant Pomona Police Department Officer Eric Hamilton, who was investigating a single-vehicle collision involving the family member's vehicle.

After plaintiff Arreola arrived,Hamilton called for Code 3 back-up assistance and defendant police officer Chris Tucker arrived on the scene. Upon his arrival, Tucker was briefed of the situation and then patted down the plaintiff, which lead to a struggle. During the course of the struggle force was used.

Plaintiff was arrested and charged by the Los Angeles County district attorney with resisting, delaying and obstructing an officer in the discharge of his duties. Plaintiff was subsequently terminated by the LAPD. Plaintiff was acquitted following a criminal trial, and was later reinstated subject to an official reprimand.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that he went to meet his wife, after she contacted him about the family member's vehicle sustaining two flat tires. When he arrived to the scene, he heard his wife tell defendant officer Hamilton that Arreola was a police officer. Hamilton demanded to see Arreola's badge and to move his vehicle. Plaintiff contended that he complied with Hamilton's instructions.

Plaintiff contended that when defendant officer Tucker was patting him down, Arreola asked random passersby to record the incident as he claimed he had committed no wrongdoing. Tucker then pulled him back and began to punch him several times. Once on the ground, plaintiff claimed Hamilton twisted his arm and Tucker placed him in a chokehold. An audio recording device that was on Hamilton, recorded the defendant officers corroborating plaintiff's claims of excessive force.

Plaintiff's causes of action included violation of the 4th Amendment, violation of the 14th Amendment, excessive use of force, violation of the First Amendment, malicious prosecution, negligence, and intentional infliction of emotional distress.

DEFENDANTS' CONTENTIONS:
Defendants claimed that defendant officer Hamilton was investigating a single-vehicle collision. Defendant contended that plaintiff's wife had falsely identified herself as the driver of the vehicle involved in the collision, as her sister-in-law was unlicensed. Defendants claimed that plaintiff had interfered with an ongoing traffic investigation and resisted, delayed and obstructed the officers during that investigation. Defendants claimed that upon arriving, plaintiff parked his vehicle in the middle of the roadway and attempted to remove his wife from the scene of the accident.

Moreover, during the pat down search, defendant contended that plaintiff refused to cooperate and resisted during the handcuffing process. Defendants also claimed that reasonable force was used to overcome his resistance.

Further, there was no malicious prosecution as the Los Angeles County district attorney exercised its independent judgment in pursuing the criminal charges.

Settlement Discussions

Plaintiff demanded $8.8 million reduced to $2.5 million prior to trial. Following plaintiff's verdict on unlawful arrest and excessive force claims, plaintiff's demand remained $2.5 million. Plaintiff rejected informal discussions about a settlement offer of $1.25 million.

Injuries

Plaintiff suffered bruises, abrasions, soreness, emotional distress, fear of incarceration, and loss of police officer position with the LAPD. Plaintiff's counsel argued that plaintiff was tortured during the incident by the City of Pomona officers.

Result

Plaintiff's verdict for $260,000. Plaintiff prevailed on two of five causes of action, after jury had returned plaintiff's verdict on unlawful arrest and excessive force. Defense verdict as to plaintiff's malicious prosecution claim.

Other Information

A settlement conference before Magistrate Judge Patrick J. Walsh was unsuccessful. FILING DATE: May 17, 2013.

Deliberation

one hour

Poll

8-0

Length

four days