Phillip R. Nickerson v. Joseph O'Connor, Felipe Diaz, et al.
Published: Jun. 10, 1995 | Result Date: May 30, 1995 | Filing Date: Jan. 1, 1900 |Case number: CV943810LGB – $0
Judge
Court
USDC Central
Attorneys
Plaintiff
Jorge Gonzalez
(Jorge Gonzalez APC)
Defendant
Marc S. Katz
(Clark Hill LLP)
Experts
Plaintiff
Richard Fox
(technical)
Defendant
Martin L. Fackler
(technical)
Facts
On June 26, 1993, Defendant deputies Felipe Diaz, Joseph O'Connor, Randy Seymour, and Davin Emmons were assigned to a special detail of the Los Angeles County Sheriff's Department to assist in providing coverage for a "Peace Jam" concert put on by the Nation of Islam at Jesse Owens Park. The concert was intended to bring together various gangs in the area in a peaceful setting and affirm that a "truce" was working. As of June 26, 1993, deputies Diaz and O'Connor were patrol officers who worked out of the Lennox Sheriff's station. Deputy Seymour was an Operation Safe Street officer who worked out of the Carson Station; Deputy Emmons was a patrol officer who worked out of the Marina del Rey Station. Although Diaz and O'Connor knew each other, they had not worked as partners in a patrol car; neither of them had met Seymour or Emmons before June 26. Neither Seymour or Emmons knew any of the other Defendant deputies before June 26, 1993. All 4 deputies attended a briefing conducted at Lennox Station, on the morning of the concert. They were told that the Nation of Islam had worked with local law enforcement agencies to develop a security plan for the concert; that the Nation of Islam would provide security in the park and the Sheriff's Department and other agencies would provide a high-visibility presence outside the park; that there was some concern about the Venice Shoreline Crips causing problems at the concert; that the Crips were reported to be upset with the Nation of Islam because the Nation of Islam was providing security at several apartment complexes in Venice and interfering with the gang's drug trade; and that deputies were advised to pay close attention to any groups of Shoreline Crips that they saw. Seymour was assigned to patrol with Diaz and Emmons was assigned to work with O'Connor. At some time during the afternoon of June 26, each of the deputies heard reports over their car radios about an outbreak of fighting in the park. Diaz and O'Connor drove toward the park and took up a position near the entrance by positioning their cars side-by-side, in the middle of the street. Additional radio calls regarding chairs being thrown and more fighting were heard and hundreds of people were seen running out of the park. Deputies Diaz and Seymour observed a group of 20 to 30 young men coming out of the park together and crossing the street in front of the officers; the deputies identified the members of the group as being Shoreline Crips by their attire (black baseball style hats that said "Shoreline" or "Venice"). Each of the deputies then observed several cars pull up one after another and park along the curb; the individual occupants of the vehicles were identified as Crips by their attire. Some of the cars had out-of-state plates and several had broken widows. Deputy Emmons ran the license plate of one car with Missouri plates and learned this car was stolen; he reported this to the other deputies. As alleged Crips members were in, around, and getting into the stolen car and as fighting was still occurring in the park, the deputies attempted to conduct a felony stop of the known stolen car.
Settlement Discussions
Defendants contend there were no offers or demands exchanged prior to this result.
Injuries
Wrongful death of son. (The decedent was a 16-year-old dropout at the time of death.)
Deliberation
4 hours
Poll
7-0
Length
4 days
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