Claudio Deguevara v. County of Los Angeles, Does 1 through 25, Deputy Castellanos, and Deputy Love
Published: Jun. 18, 2011 | Result Date: Sep. 9, 2010 | Filing Date: Jan. 1, 1900 |Case number: 2:09-cv-06732-RGK-PJW Verdict – $0.09
Court
USDC Central
Attorneys
Plaintiff
Defendant
Adrian G. Gragas
(Office of the Los Angeles County Counsel)
Experts
Plaintiff
Joseph A. Gunn
(technical)
Defendant
Curtis J. Cope
(technical)
Facts
Claudio Deguevara was at his reseidence when he was approached by Los Angeles County Sherrif Deputies Castellanos and Love. Deguevara claimed that the deputies would not allow him to explain his mentally ill wife's behavior and that when he asked the deputies not to refer to him as "boy," one of the deputies grabbed his left arm with great force and threw him to the ground. One or both the deputies then allegedly slammed their knee into his back and neck and handcuffed him while he cried out in paid. He sued the county of Los Angeles and the individual deputies for excessive force. He was not arrested and was later released.
The deputies contended that they responded to a 911 hang up call at Deguevara's residence, and that Love claimed he recognized the location as having previously responded to a call for domestic violence in which Deguevara was arrested and a handgun was discovered at the residence. The deputies also contended that Deguevara was uncooperative and refused to show his hands, which led to his take down and handcuffing. The defense also noted that the sheriffs had responded to Deguevara's residence several times for reported domestic violence prior to the incident.
Damages
Deguevara sought $1 million for emotional distress, plus punitive damages and attorney fees and costs.
Injuries
Pain and suffering, humiliation, and emotional distress.
Result
The jury rendered a verdict in favor of Castellanos and against Deguevara. A retrial on the claims against Love resulted in favor of Deguevara and against Love. The jury awarded nine cents in damages.
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