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
False Arrest
Fourth Amendment Violation

Rudolph Walker v. County of Los Angeles, Paul Bednarski

Published: Feb. 4, 2003 | Result Date: Sep. 6, 2002 | Filing Date: Jan. 1, 1900 |

Case number: CV0102403AHM Verdict –  $0

Judge

A. Howard Matz

Court

USDC Central


Attorneys

Plaintiff

Thomas E. Beck
(The Beck Law Firm)


Defendant

Melinda Hedin

Thomas C. Hurrell
(Hurrell Cantral LLP)


Facts

On March 13, 2000, the plaintiff, a 27-year-old male, his girlfriend and a third person were sitting in the plaintiff's car in an apartment complex driveway. The plaintiff stated that his girlfriend refused to get out of the car, so he telephoned "911" in order to have the Los Angeles County Sheriff's Department extricate her from his vehicle. The plaintiff alleged that while he was on the telephone, his girlfriend smashed a juice bottle and cut her own neck. The deputies and paramedics arrived and discovered the girlfriend's injury. The defendant Deputy Sheriff Paul Bednarski subsequently placed the plaintiff under arrest for spousal battery, pursuant to Penal Code Section 273.5, after the girlfriend refused to admit that she had harmed herself and had reported that the plaintiff had injured her. The dispute before the court was the issue of whether the arrest was reasonable under the circumstances.

Settlement Discussions

According to the defendant, the plaintiff had submitted a demand of $100,000. The defense submitted an offer of $2,500.

Damages

The plaintiff claimed that he was unlawfully arrested and that he was entitled to punitive damages.

Injuries

The plaintiff claimed that he was unlawfully arrested and that he was entitled to punitive damages.

Other Information

Defense counsel reported that the plaintiff's girlfriend had been arrested and convicted of Penal Code Section 148.5 for providing false information to a peace officer on the night of the arrest. The plaintiff's counsel reported that an appeal was filed on Nov. 8, 2002.

Deliberation

three hours

Length

four days


#122081

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

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