Facts

When Los Angeles Unified School District principal Traci Calhoun was unable to control first grader N.D.'s disruptive and violent behavior, she summoned assistance from a Systemwide Mental Assessment Response Team (SMART) composed of a Los Angeles County Department of Mental Health psychiatric social worker and defendant LAPD Officer. The team determined that N.D. was a threat to himself and others, detained him and had him transported in a school police vehicle to Kedren Psychiatric Hospital for further evaluation and treatment, over plaintiff Elen Danielyan's objections.

Elen Danielyan (N.D.'s mother) and N.D. sued the city of Los Angeles and the LAPD Officer, LAUSD, Calhoun and two school police officers, the County, and its psychiatric social worker for intentional infliction of emotional distress, negligent infliction of emotional distress and negligence.

Elen Danielyan's claims against the district and its employees were dismissed before trial as untimely. The County and its employee settled the claims against before trial.

PLAINTIFF'S CONTENTIONS:
N.D. claimed that Calhoun should not have called the SMART team but allowed Elen Danielyan to take him home, and that Calhoun misrepresented the family's attitude toward counseling. He claimed that the two school police officers negligently secured him in the back seat of their car, as a result of which he bumped his head.

N.D. and Elen Danielyan claimed that the LAPD Officer did not have probable cause to detain N.D. and that he did not properly ascertain whether authorization for voluntary treatment was available.

DEFENDANT'S CONTENTIONS:
LAUSD and Calhoun claimed that Calhoun only called SMART as a last resort, as she had been able to settle N.D. down after previous outbursts. They also contended that Calhoun had correctly reported to SMART that N.D.'s family had been encouraged for many months to get counseling for N.D. but had not done so.

LAUSD and its police officers contended that N.D. did not bump his head and that there was no negligence in connection with the ride to the hospital.

The City and the LAPD Officer contended that he had probable cause to detain N.D. and that authorization for voluntary treatment was not available.

Damages

Elen Danielyan and N.D. claimed emotional distress damages from the incident.

Result

Defense verdict as to Los Angeles Unified School District and its three employees. Defense verdict as to Elen Danielyan's claim against city of Los Angeles and its police officer. $2,000 verdict as to negligence claim by N.D. against the city and its police officer.

Other Information

The jury found against N.D. on all claims against the school district and its employees. The jury found against Elen Danielyan for all claims against the city and its police officer, but determined that the LAPD Officer was negligent with regard to N.D. and that he had suffered $20,000 in non-economic damages. It apportioned 10 percent of the fault to the LAPD Officer, 10 percent to the psychiatric social worker and 80 percent to Elen Danielyan. FILING DATE: June 11, 2007.

Deliberation

two days

Length

10 days