Juan David Lopez, Briceyda Lopez v. City of Bell, Steve Carrera, Jose Garcia
Published: Aug. 2, 2008 | Result Date: Feb. 4, 2008 | Filing Date: Jan. 1, 1900 |Case number: BC354921 Settlement – $15,000
Court
L.A. Superior Central
Attorneys
Plaintiff
Robert F. Mann
(Donald W. Cook, Attorney at Law)
Donald W. Cook
(Donald W. Cook, Attorney at Law)
Cynthia M. Anderson-Barker
(Law Offices of Cynthia Anderson-Barker)
Defendant
Daniel S. Roberts
(Cota & Huber LLP)
James R. Touchstone
(Jones & Mayer)
Facts
On Feb. 1, 2004, defendant police officers Steve Carrera and Jose Garcia were involved in an altercation with plaintiffs Juan Lopez and, allegedly, his daughter, Briceyda, on or near 7029 Walker Avenue in Bell, California. Plaintiffs sued defendants and their employer, city of Bell, for violation of their civil rights.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs contended defendant officers used excessive force, slamming plaintiff Juan's face on the hood of the patrol car, kicking him, and using OC spray on him. They grabbed his daughter by the hair and pushed her head against her father's truck when she tried to interfere. Defendants falsely reported that Juan resisted arrest and police chief Dennis Tavernelli condoned their "hurt a man-charge a man" practice.
DEFENDANTS' CONTENTIONS:
Defendants denied plaintiffs' allegations of any excessive force and contended that only reasonable and appropriate force was used to arrest Juan Lopez. No force was used against Briceyda Lopez. Defendants further denied the existence of any "hurt a man-charge a man" practice as alleged in the complaint.
Injuries
Plaintiffs suffered injuries to the face and head.
Result
The parties reached a $15,000 settlement without admission of liability by any party. Plaintiff Briceyda Lopez received $5,000 and Juan Lopez, $10,000.
Other Information
FILING DATE: July 3, 2006.
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