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Civil Rights
Assault and Battery
Sexual Battery

Marcus Stewart v. County of Los Angeles, Los Angeles County Chief Probation Officer Terri McDonald; Los Angeles County Chief Probation Officer Sheila Mitchell; Deputy Probation Officer Tyler Chamberlain; Deputy Probation Officer Anthony Carpenter; Deputy Probation Officer Fnu Gonzalez; Deputy Probation Officer Hiep Nguyen; Deputy Probation Officer Javier Roman; Senior Probation Officer Robert White, and Does 1 to 30

Published: Aug. 28, 2020 | Result Date: Jul. 8, 2020 | Filing Date: Sep. 5, 2018 |

Case number: 2:18-cv-07739 Settlement –  $250,000

Judge

George H. Wu

Court

CD CA


Attorneys

Plaintiff

Jeremy I. Lessem
(Lessem, Newstat & Tooson, LLP)


Defendant

Jonathan C. McCaverty
(Office of the Los Angeles County Counsel)


Facts

Plaintiff Marcus Stewart, a former juvenile detained with defendant County of Los Angeles Probation Department, filed suit against the County, certain probation officials, and certain deputy probation officers in relation to alleged sexual abuse he was subjected to while in defendants' custody.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended when he was incarcerated with the probation department, he knocked on the inside wall of his juvenile hall room to get the officer's attention to request a speaker while he completed a workout. However, Plaintiff contended the probation officer sexually assaulted him by pressing the speaker against Plaintiff's genitals instead of handing it to him and that the officer attempted to rub Plaintiff's genitals with the speaker. Plaintiff contended that he reported the sexual abuse, and was retaliated against and subjected to further physical abuse.

DEFENDANT'S CONTENTIONS: Defendant denied the contentions, but revised its Detention Service Bureau to improve its operations. Defendant further trained all of its employees on the Prison Rape Elimination Act, in order to prevent and respond to incidents of alleged sexually abused juveniles housed at the detention centers.

Result

The parties settled for $250,000.


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