Erik Taylor v. Los Angeles County Sheriffs Deputy Lumus , Los Angeles County Sheriffs Deputy Rincon, et al.
Published: Aug. 1, 2015 | Result Date: Jul. 1, 2015 | Filing Date: Jan. 1, 1900 |Case number: 2:11-cv-09614-FMO-SS Verdict – Defense
Court
USDC Central
Attorneys
Plaintiff
Alexander M. Smith
(Jenner & Block LLP)
Jeffrey Atteberry
(Jenner & Block LLP)
Defendant
Andrew C. Pongracz
(Seki, Nishimura & Watase LLP)
Facts
Plaintiff Erik Taylor filed a suit against Los Angeles County Sheriffs Deputies Victor Lemus and Joaquin Rincon, claiming excessive force and malicious prosecution following his arrest.
The criminal case was dismissed in the interest of justice following inaccurate testimony by one of the arresting deputies at the preliminary hearing and follow-up by the Public Defender's office.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that the deputies attacked him when plaintiff called their mother a derogatory remark. He claimed that the deputies planted drugs, a scale, a handgun and ammunition in his apartment in order to cover up their use of excessive force against him. He claimed that the criminal charges against him were procured by fraud, perjury, manufactured evidence and other actions amounting to bad faith.
Plaintiff alleged violation of his fourth and fourteenth amendment rights and brought two claims against the individual deputies for excessive force and malicious prosecution.
DEFENDANT'S CONTENTIONS:
Defendants claimed plaintiff was arrested and charged with various crimes in 2011, following a traffic stop that escalated into a use of force. Following plaintiff's arrest, his apartment was searched and various contraband was found.
Defendants contended that they merely defended themselves when plaintiff attacked them. They contended that the contraband found in the home was accurately attributed to plaintiff, a felon that was in possession of a firearm. Defendants claimed that their actions were reasonable, lawful and constitutional.
Settlement Discussions
Plaintiff's last pre-trial demand was $440,000. Defendants offered $20,000.
Damages
Plaintiff claimed $500,000 in economic and non-economic damages at trial.
Injuries
Plaintiff claimed he suffered a ruptured eardrum because of the excessive force.
Result
Defense verdict.
Other Information
Plaintiff's criminal history was excluded from trial. Defense counsel represented plaintiff pro bono at the request of the court. FILING DATE: Nov. 18, 2011.
Deliberation
four hours
Length
three days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390