Alejandro Guzman Flores v. City of Oxnard, Fred Sedillos, and Jana Young
Published: Jan. 21, 1995 | Result Date: Dec. 9, 1994 | Filing Date: Jan. 1, 1900 |Case number: 108766 – $0
Judge
Court
Ventura Superior
Attorneys
Plaintiff
Defendant
Thomas E. Beach
(Beach Law Group LLP)
Experts
Plaintiff
Frank H. Saunders
(technical)
John Householder
(medical)
John Lyans
(medical)
Defendant
Jim Struck
(technical)
Facts
On January 27, 1989, Defendant Officers Fred Sedillos and Jana Young responded to a "man with a gun" call near the location of Plaintiff Alejandro Guzman Flores' place of employment. Flores was a 25-year-old mechanic. The officers were provided with a description of the suspect as well as a description of his vehicle. Upon arrival at the scene, Defendant Officers Sedillos and Young observed Plaintiff Flores in the alley behind his place of employment and in the vicinity of the suspect's vehicle. Officer Young claimed she attempted to question Flores, but that Flores was evasive and unwilling to cooperate. Officer Young then attempted to escort Flores to a safer location to continue her interrogation. Officer Sedillos joined them to assist. Both officers claimed they were attempting to perform a cursory weapon "pat-down" on Flores when he allegedly became resistant. Officer Sedillos "took Plaintiff to the ground." A struggle allegedly ensued for several minutes during which time Officer Sedillos struck Flores in the right eye with his fist. Thereafter, Officer Young applied a carotid restraint upon Flores, who was then taken into custody on charges of a 148 PC. No weapon was ever found on Flores, and the District Attorney's Office failed to prosecute him for obstructing and resisting officers. Defendant City of Oxnard was named as a Defendant as well as Defendant Officers Sedillos and Young.
Settlement Discussions
Defendants contend that they made no offers and that Plaintiff made a 998 demand in the amount of $100,000.
Specials in Evidence
$8,000 (approximately) $50,000 $250,000 $10,000 - $15,000
Damages
Plaintiff's attorney asked the jury to award $500,000. Defendants' attorney asked the jury for a Defense verdict.
Injuries
Trauma to the right eye resulting in angle recession with permanent blurred vision requiring ophthalmologic care; soft tissue neck, left shoulder, and upper back requiring chiropractic care. Plaintiff contends that he is a likely candidate to develop glaucoma in the future, which may require surgery.
Other Information
A prior arbitration by Michael Bloom resulted in a Plaintiff's award of $50,000; trial de novo by Defendants.
Deliberation
3 hours
Poll
11-1
Length
10 days
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