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Civil Rights
False Arrest
42 USC 1983

Edward Ortiz, Paul Harper, Brian Liddy v. City of Los Angeles

Published: May 13, 2006 | Result Date: Feb. 9, 2006 | Filing Date: Jan. 1, 1900 |

Case number: SACV03959CSC Verdict –  $15,000,000

Judge

Cormac J. Carney

Court

USDC Central


Attorneys

Plaintiff

Joseph Y. Avrahamy
(Law Offices of Joseph Y. Avrahamy)

Etan Z. Lorant
(Law Offices of Etan Z. Lorant)


Defendant

Dale B. Goldfarb


Experts

Plaintiff

Roger A. Clark
(technical)

Facts

In the spring of 2000, plaintiffs Los Angeles Police Dept. Sgt. Edward Ortiz, Sgt. Brian Liddy and Officer Paul Harper were implicated in a scandal stemming from allegations by Officer Rafael Perez that he and other colleagues had framed suspects. Being faced with charges of stealing drugs, Perez had been offered a plea bargain requiring him to identify corrupt officers in exchange for a lighter sentence. He claimed plaintiffs had, among other actions, conspired to plant a gun on a gang member and then falsely arrested him. Plaintiffs were indicted, tried and acquitted on all charges.

Contentions

CONTENTIONS:
Plaintiffs sued the City of Los Angeles. They alleged by arresting and prosecuting them, the police department violated their civil rights under the Fourth and Fourteenth Amendments and 42 U.S.C. Section 1983. Plaintiffs claimed there was no credible evidence supporting their arrest and prosecution, and that they were used as scapegoats in the police corruption scandal. They claimed the only incriminating evidence consisted of statements made by the corrupt Perez in the context of a plea bargain, of which he repeatedly changed the details of his story.

Damages

Plaintiffs claimed their reputations have been irreparably damaged and they each sought $5 million in noneconomic damages.

Injuries

Plaintiffs alleged their wrongful arrests and prosecutions caused severe mental anguish and emotional distress which manifested into physical symptoms. One plaintiff gained over 100 pounds, another plaintiff suffered from loss of appetite and another vomited blood.

Result

The jury found in favor of plaintiffs and awarded each of them $5,000,001 in general damages for a total of $15,000,003.

Deliberation

2.5 hours

Length

12 days


#112656

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