Facts

On June 20, 2009, at 2:30 a.m., Los Angeles County Sheriff's Deputies Joe Hernandez and Nancy Escobedo were responding to an assault with a deadly weapon (gun) call. The suspect vehicle was described as a white pick-up truck. While responding, deputies Hernandez and Escobedo observed a vehicle matching the description driving away from the scene. As they followed the vehicle, the deputies were surprised to see plaintiff Tigran Babayan, a male adult wearing a black hooded sweatshirt pop up out of the back of the pick-up truck's rear cab.

The truck made several turns before stopping on a small side street. Both deputies observed the reverse lights come on. Deputy Hernandez gave numerous verbal commands to the driver to stop the truck. Believing the truck was possibly going to back into them, the deputies exited their patrol car and detained the occupants at gunpoint.

Once the truck stopped, plaintiff became agitated and allegedly began yelling at the deputies, "Fuck you, motherfuckers!" Plaintiff reached over the driver (his brother, Davit Babayan), stuck both his hands out the driver side window and gestured at the deputies with his middle fingers. Deputy Hernandez claims he gave both occupants several commands to calm down and show their hands. The driver complied and allegedly began yelling at plaintiff to "shut up."

Assisting units arrived and began extracting the occupants. The driver exited as ordered, complied with commands, and was handcuffed and detained without incident. Plaintiff allegedly continued to yell "fuck you " while holding his middle fingers in the air. Deputies ordered plaintiff out of the vehicle.

Plaintiff initially complied and dropped down to his knees while placing his hands together on top of his head. Deputy Hernandez grabbed onto his hands. Defendants claim that plaintiff then turned his head to the left yelling "fuck you" and simultaneously lifted his right knee off the ground, placing his right foot in front of him in an attempt to stand up. Deputy Hernandez was pulled off balance and struggled to maintain control of plaintiff's hands. Deputy Hernandez then pushed plaintiff forward onto the asphalt. Deputy Hernandez was able to maintain his grip on plaintiff's hands, preventing plaintiff from bracing his fall and causing him to hit his upper torso and head on the asphalt. Once on the ground, Deputy Hernandez lost his grip on plaintiff's hands. Deputy Hernandez immediately placed his right knee onto plaintiff's right rib area and attempted to regain control of plaintiff's hands; Hernandez claims he was fearful plaintiff would reach for a weapon. While laying on his left side, defendants claim plaintiff continued to struggle by moving his entire body and head back and forth in an angry and violently aggressive manner.

Assisting Deputies Malone, Escobedo, and Padilla were then able to handcuff plaintiff without further incident. Plaintiff was arrested and charged with misdemeanor counts of 148(a)(1) PC, resisting an officer, and 647(f) PC, drunk in public.

PLAINTIFF'S CONTENTIONS:
Plaintiff asserted a claim against defendants for a violation of his civil rights under 42 U.S.C. section 1983 for excessive force.

Plaintiff claimed that the deputies were aggressive, used vulgarities, and engaged in a shouting match. Deputies threatened to harm plaintiff, that he was tackled, beaten and kicked in the head.

The car was towed, for which he had to pay. He had to be taken to the hospital before going to jail, for which he also had to pay. He had to hire a lawyer to fight the false charges of resisting arrest and was acquitted at trial, and again had to pay. Plaintiff has proof of blunt force trauma all over his body.

DEFENDANT'S CONTENTIONS:
Defendants claimed that they did not violate plaintiff's constitutional rights because, the deputies' use of force was reasonable in light of plaintiff's resistance and refusal to cooperate with the deputies.

Specials in Evidence

$5,000

Injuries

Plaintiff sustained abrasions to his head and knees consistent with being driven down to the ground and continuing to resist by moving his body around. He was medically treated at Presbyterian Hospital after his arrest and cleared for booking.

Result

Defense verdict.

Other Information

FILING DATE: June 18, 2010.

Deliberation

two hours

Length

two days