This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Civil Rights
ADA
Negligence

Isaiah Martin Tate v. County of Los Angeles, Donald Blevins, Reshyna Felix, Alfonso Mejia, C.H.

Published: Dec. 6, 2014 | Result Date: Jul. 21, 2014 | Filing Date: Jan. 1, 1900 |

Case number: BC471127 Settlement –  $99,999

Court

L.A. Superior Central


Attorneys

Plaintiff

Gary S. Casselman
(Law Offices of Gary S. Casselman)

Danielle L. Casselman


Defendant

Valerie N. Gallo
(Winget Spadafora & Schwartzberg LLP)

Tomas A. Guterres
(Collins Collins LLP)

Eric C. Brown


Facts

Isaiah Tate sued the County of Los Angeles, Donald Blevins, Reshyna Felix, Alfonso Mejia, and C.H., in connection with an incident that occurred on Oct. 4, 2011.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff was a developmentally disabled minor due to a developmental disability and/or mental retardation. He was detained at Eastlake Juvenile Hall, and under the care and custody of the county. Plaintiff alleged that he was supposed to be separated from non-disabled detainees.

On Oct. 4, 2010, while being transferred/escorted to school, an officer allowed a non-disabled detainee, C.H., to commingle with plaintiff and other disabled detainees. Plaintiff alleged that C.H., a minor, without warning or provocation, hit plaintiff in the face, causing him to fall to the ground. Plaintiff claimed that although plaintiff was visibly hurt, defendants did not provide any medical care to him. Plaintiff contended that C.H. had a long history of violence and fractured plaintiff's jaw. Consequently, his jaw was wired for two months. During that time, plaintiff could only consume liquids for weeks.

Plaintiff also alleged that he was detained one month longer than he should have. Further, plaintiff claimed he was subjected to verbal harassment and intimidation by the probation staff following the Oct. 4 incident. Plaintiff claimed that the deputy probation officers responsible for the minors' welfare taunted plaintiff thereafter. Plaintiff alleged that the county was also vicariously liable for the probation officers' negligent acts.

Plaintiff asserted claims for battery, negligence, negligence per se, violation of Government Code Section 845.6 for failing to furnish immediate medical care, violation of the Civil Code, violation of the Unruh Act, violation of Government Code Section 815.6, violation of Title II of the American with Disabilities Act, and violation of Section 504 of the Rehabilitation Act.

DEFENDANTS' CONTENTIONS:
Defendants disputed plaintiff's claims, and asserted various affirmative defenses.

Result

The case settled for $99,999.99.

Other Information

FILING DATE: Oct. 7, 2011.


#120437

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390