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Civil Rights
Excessive Force
42 USC Section 1983

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

David E. Campana


Defendant

Adrian G. Gragas
(Office of the Los Angeles County Counsel)

Gary P. Gross


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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