Jeremy Morse, Bijan Darvish v. City of Inglewood
Published: Mar. 1, 2005 | Result Date: Jan. 18, 2005 | Filing Date: Jan. 1, 1900 |Case number: BC290309 – $2,422,160
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Gregory W. Smith
(Law Offices of Gregory W. Smith LLP)
Defendant
Experts
Plaintiff
Karen Smith
(technical)
Facts
The plaintiffs, Jeremy Morse and Bijan Darvish, were police officers with the Inglewood Police Department. On July 6, 2002, the plaintiffs assisted sheriffs deputies that were questioning a suspect for driving a vehicle with suspended registration. When a deputy tried to take the driver's son, Donovan Jackson, into custody, he refused to enter the police car and lunged at the deputy. A physical altercation ensued between Jackson and the deputies, assisted by the plaintiffs and other Inglewood officers. Testimony at trial indicated that Jackson was swinging his arms and fists at the officers. One of the plaintiffs struck Jackson in the face with a closed fist, an African-American officer struck Jackson with his flashlight and Jackson was ultimately subdued. As a result of the scuffle, Morse was bleeding from scratches on his face and neck that ultimately required no medical treatment. Darvish sustained a scrape to his knee which also did not require medical treatment. After Jackson was subdued and handcuffed, Morse picked up Jackson by the back of the trousers and shirt, and slammed him down onto the trunk of a police car. While Jackson was on the police car, Morse claimed that he grabbed Morse's genitals. Morse punched Jackson in the face in what he claimed to have been an effort to make Jackson loosen his grip. Morse said that he then grabbed Jackson's face and told him to let go, but the Chief of Police saw this more as an attempt to place a choke hold on Jackson. Jackson was then arrested. The portion of Jackson's arrest that included the slamming of Jackson on the trunk of the police car was videotaped by a bystander and turned over to a local news station. After viewing the video, and without any background facts but relying on his years of experience as a prosecutor and a trial court judge together with what he saw in the video, the Mayor of Inglewood called for the prosecution and termination of Morse. Although Morse's captain and a lieutenant both recommended a suspension, Morse was ultimately terminated by the chief of police. Darvish was suspended for 10 days because he had allegedly failed to report Morse grabbing Jackson's head and neck. Both officers were indicted by the Los Angeles County Grand Jury for felonies; Morse for assault under color of authority and Darvish for filing a false police report. While Darvish was acquitted at his criminal trial, Morse was twice taken to trial resulting in hung juries and testified at this trial that he still faces possible criminal prosecution by the federal government for civil rights violations. The African-American officer that hit Jackson with his flashlight, and who was at the time a trainee on probation, failed to report his use of force on Jackson was suspended for four days and was not indicted by the Grand Jury or charged by the District Attorney for any criminal wrongdoing. This officer subsequently reverted to his previous employment as a civilian jailor for the city. A sergeant who assists in training Inglewood police officers in use of force testified that Morse's actions were within department use of force guidelines. However, the chief of police, and retired captain and the active lieutenant whom the plaintiffs called to testify, all stated that Morse's actions were in violation of Department policy.
Settlement Discussions
At mediation, the defendants offered $5,000 to each plaintiff, while the plaintiffs demanded in excess of $3 million.
Result
The jury awarded plaintiff Darvish $810,794 and plaintiff Morse, $1,611,385.
Deliberation
three hours
Length
five days
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