Facts

Plaintiff Javier Morales-Hernandez, a developmentally disabled adult, was arrested on a warrant for another person by LAPD Officers Trevor Whiteman and Rick Huerta, and booked into the Parker Center Jail under the authority of LAPD Lt. Lydia Diaz. He was transferred to the custody of the Los Angeles County Sheriff, and admitted a probation violation that he did not commit, on the recommendation of Deputy Public Defender Bobby Hill, and sentenced to three years in state prison.

While held in the county jail awaiting transport to prison, a nurse (Belinda De Shay) and a deputy sheriff (Richard Munoz) heard from the plaintiff's brother that he suffered from mental difficulties and was the wrong person. Meanwhile, the true object of the warrant was arrested in Glendale on unrelated charges, represented by the Public Defender's Office, and sentenced to county custody. Eventually, his family hired an attorney who had the Public Defender's Office get him released from state prison. He spent approximately three months in custody.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that he was wrongfully arrested and booked by the LAPD, wrongfully imprisoned by the Sheriff's Department and inadequately defended by the public defender. Plaintiff contended that the Sheriff's Department, once they knew or should have known they had the wrong person, had an obligation to investigate.

DEFENDANT'S CONTENTIONS:
The LAPD defendants argued that they had a reasonable belief that plaintiff was the person named in the warrant, that plaintiff did not protest, and they were unaware that he was developmentally disabled.

The Sheriff's Department argued that it relied on the LAPD's booking process, and that, after the sentence, it was required to hold him by court order.

The public defender argued that his representation met the standard of care and that plaintiffs had not complied with the Tort Claims Act.

Settlement Discussions

The county defendants made a CCP 998 offer for $100,000.

Injuries

Plaintiff suffered loss of liberty and emotional distress.

Result

Nonsuit for defendants Robert Hill, Belinda De Shay, Ricardo Munoz, and the County, for the period of time after plaintiff's sentencing by the superior court, based on a failure to comply with the Tort Claims Act. Defense verdict for County of Los Angeles. Verdict for plaintiff against defendants City of Los Angeles, Trevor Whiteman, Rick Huerta and Lydia Diaz, for $209,450 ($200,000 in non-economic damages and $9,450 in economic damages). Family members were apportioned 15 percent of fault, for inadequate supervision, and 85 percent to the City and city defendants (30 percent to the City, 25 percent to Officer Huerta, 5 percent to Officer Whiteman, and 25 percent to Lieutenant Diaz).

Other Information

FILING DATE: Aug. 22, 2007.

Deliberation

2.5 days

Length

13 days