This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Civil Rights
Excessive Force
42 USC 1983

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.


#107778

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390