Daniel Budorick v. City of Los Angeles, et al.
Published: Feb. 8, 1997 | Result Date: Dec. 23, 1996 | Filing Date: Jan. 1, 1900 |Case number: BC045677 – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Marina R. Dini
(Bastian & Dini)
Robert L. Bastian Jr.
(Bastian & Dini)
Defendant
Experts
Plaintiff
Robert Feliciano
(technical)
Facts
On Dec. 1, 1990, plaintiff Daniel Budorick, a 34-year-old attorney, and three friends, Andrew and Beth Furoto and Laura Longnecker, were arrested after a drunk driving stop. The plaintiff and his friends drank two margaritas each with dinner over the course of three hours at a restaurant. The plaintiff maintained that defendants LAPD Sgt. Howard Irvin and officer Linda Compton, both of whom were in uniform, were seated across from the plaintiff and his group and observed the four civilians eating dinner in the restaurant. Further, the plaintiff alleged that defendants Irvin and rookie officer Compton waited for the four to leave and then followed the vehicle driven by Mr. Furuto containing all four passengers down Lincoln Boulevard and eventually pulled the Furuto vehicle over in front of Laura Longnecker's apartment on La Tijera, in Westchester. At trial, the defendants denied that officer Compton was in the restaurant, and claimed instead that defendant Compton was riding with her field training officer, defendant Oscar Winslow. The plaintiff alleged that Mr. Furuto was ordered out of the car and given field sobriety tests (FST) by officer Compton. The defendants contended that Mr. Furuto flunked the FSTs. The plaintiff claimed that Mr. Fururto passed the FSTs. The plaintiff maintained that no one in the party was inebriated and that the sole purpose of the stop was to give rookie defendant Compton what the defendants thought would be an easy driving-under-the-influence arrest based upon hunches formed in the restaurant. As Mr. Furuto was being field tested for intoxiation, Mrs. Furuto got out of the car. Mrs. Furuto allegedly approached defendant Irvin and verbally challenged Mr. Furuto's arrest. The plaintiff claimed defendant Sgt. Irvin slammed Beth Furuto's head on the back of his police car, causing a concussion. The plaintiff then approached defendant Compton and began verbally protesting the beating of Mrs. Furuto. The defendants claimed that defendant Irvin did not touch Mrs. Furuto, and that it was defendant Winslow who hancuffed her. Meanwhile, back-up arrived on the scene. The plaintiff claimed that defendants Winslow and Compton grabbed the plaintiff in violation of generally accepted police practices and that defendant Sgt. Aitchison jumped on the plaintiff's back, forcing his head to hit the pavement. The plaintiff was arrested for violating California Penal Code º148 [interfering with a peace officer's duties] and taken to Pacific Station, where he remained handcuffed to a bench for approximately four hours. Mr. Furuto was arrested for driving under the influence and the two females were arrested for allegedly violating Penal Code º148. The plaintiff testified that he, along with the two females, were threatened with incarceration over the weekend if they did not take breathalyzer or gas chromatograph intoximeter (gci) test. The defendants contended that Budorick, Longnecker, and Mrs. Furuto all volunteered to take the test. The plaintiff brought this action against the police officers and the city of Los Angeles based on various state and federal civil rights theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $4,999, increased to $10,000 at trial.
Specials in Evidence
$ _______
Damages
The plaintiff claimed general damages in an unspecified amount and special damages consisting of attorney's fees to defend himself in the underlying criminal matter.
Other Information
The verdict was reached approximately four years and 11 months after the case was filed. The plaintiff waived all loss of earnings claims. The defense was precluded from presenting evidence of the verified complaint alleging 300 hours of work lost, billable at $160 per hour, and an admission that the plaintiff actually earned approximately $50 per hour. The plaintiff unsuccessfully moved to exclude evidence that in verbally protesting Mr. Furuto's arrest, Mrs. Furuto called Sgt. Irvin a "nigger," on the grounds that it was undisputed that the plaintiff never heard this epithet as he remained in the Furuto vehicle when the epithet was allegedly made, that although odious, the term was protected under the First Amendment, and that it lacked any probative value and was prejudicial to the plaintiff. Additionally, the plaintiff moved in limine, unsuccessfully, to exclude reference that Mrs. Furuto was a former plaintiff represented by the Daniel Budorick, who, pursuant to a court order, was relieved as her attorney of record prior to trial.
Deliberation
5 days
Poll
9-3 (in favor of the plaintiff against an unknown LAPD officer for battery); 2-10 (no damages); 6-6 (hung on the battery claim against defendant Linda Compton; 5-7 (hung as to George Aitchison. 12-0 (for the defendants on the claims for false arrest, excessive force and malicious prosecution under 42 U.S.C. º1983 against defendants Irvin, Winslow, Winston, Compton and Aitchison); 12-0 (for defendants Aitchison and Winston); 2-10 (for Compton, Winslow and Irvin on the claim of conspiracy under 42 U.S.C. º1983).
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