Perry Grays v. City of Long Beach, Salvador Alatorre, Alvino Herrera, George Evans, Daisy Ortiz, Roderick Tith
Published: Feb. 15, 2014 | Result Date: Jan. 7, 2014 | Filing Date: Jan. 1, 1900 |Case number: 2:11-cv-07588-GAF-RZ Settlement – $380,000
Court
USDC Central
Attorneys
Plaintiff
Brian E. Claypool
(The Claypool Law Firm)
Kaveh Navab
(Navab Law)
Dale K. Galipo
(Law Offices of Dale K. Galipo)
Defendant
Howard D. Russell
(Office of the Long Beach City Attorney)
Facts
Perry Grays sued the City of Long Beach for alleged violations of his civil rights.
Contentions
PLAINTIFF'S CONTENTIONS:
Grays claimed that on Feb. 6, 2011, he was at home with his wife and child when Long Beach Police Department officers arrived and demanded that he turn his music down. Grays contended that the music was being played from a handheld radio. Grays complied, but an LBPD officer later repeated the demand. Grays then asked for the officer's badge number. The officer told Grays to exit his apartment if he wanted the number, and Grays complied. The officer then used a Taser to subdue Grays, and a group of officers all began to beat him.
Grays asserted causes of action for unreasonable search and seizure, violations of substantive due process, municipal liability for unconstitutional custom, battery, negligence, and violation of the Bane Act.
DEFENDANT'S CONTENTIONS:
The City of Long Beach denied Grays' allegations, and asserted various affirmative defenses. They argued that the officers had acted in good faith, and that Grays had caused the incident through his own wrongful acts.
Result
A jury awarded Grays $140,000. Plaintiff attorneys received $301,000 for a total award of $441,000. Following defendant's preparation of post-trial motions, the parties negotiated a settlement for $380,000, inclusive of attorney fees and costs.
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