Confidential
Settlement – $14,000Facts
On April 13, 1997, defendant parking enforcement officer issued plaintiff a citation for parking in the red zone in downtown Los Angeles. The plaintiff brought this action against the defendant under the Federal Civil Rights Act of 1871, 42 U.S.C. º1983, intentional infliction of emotional distress, negligent employment, torts in essence and Unruh Act.
Settlement Discussions
The plaintiff made a settlement demand of $20,000. Per plaintiff, the defendant offered $5,000 to $10,000 increased to $14,000.
Damages
The plaintiff claimed $2,000 in special damages to compensate him for time off work, and preparation of his defense at the traffic hearing.
Result
***** (CONTINUATION OF FACTS) Again, Connor refused to acknowledge the complaint and failed to undertake any appropriate action with respect to defendant Powell's proven dishonesty and abuses of authority. On Feb. 10, 1998, plaintiff submitted his third complaint to Connor to which no response or acknowledgement was made. On March 16, 1998, the plaintiff inquired about his complaint for the fourth time. On March 19, 1998, plaintiff received notification from Jimmy L. Price, Chief of Parking Enforcement Operations that "the citation has been rescinded" ignoring the hearing examiner's ruling of Sept. 2, 1997, and informing plaintiff "we are able to sustain your allegations." In the investigation that was conducted by the Department of Transportation, Powell submitted a memorandum claiming the plaintiff had become irate when he discovered her writing a ticket, pursued the DOT car, attempting to run it off the road, and cursing at both officers the entire time. Had this truly occurred, Powell was obligated to report the incident to a supervisor, which she did not, and to call for back-up, which she did not. No one from the DOT contacted plaintiff for an interview. Frank Maldonado, Powell's lieutenant, testified at deposition that he requested that another person go to the address listed on plaintiff's complaint letter. That addresss, turned out to be a P.O. Box because it was obviously only plaintiff's mailing address. Maldonado did not follow up and did not write to plaintiff requesting contact, despite his having plaintiff's mailing address, as well as contact with his attorney's office stemming back to Feb. 10, 1998. The plaintiff brought this action against the defendant under the Federal Civil Rights Act of 1871, 42 U.S.C. º1983, intentional infliction of emotional distress, negligent employment, torts in essence and Unruh Act.
Other Information
The verdict was reached approximately 10 months after the case was filed.
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