Robert G. Lindsey and Charles G. Rodriguez v. The County of Los Angeles; Paul Tanaka; Kevin Stennis; and Does 1-10, Inclusive
Published: Oct. 30, 2020 | Result Date: Dec. 16, 2019 | Filing Date: May 24, 2017 |Case number: 2:17-CV-03886-FMO (RAOX) Settlement – $2,250,000
Judge
Court
CD CA
Attorneys
Plaintiff
Caitlin S. Weisberg
(Kaye, McLane, Bednarski & Litt LLP)
Defendant
Carol L. Newman
(Alleguez, Newman & Goodstein LLP)
Andrew P. Baum
(Glaser, Weil, Fink, Howard, Avchen & Shapiro LLP)
Peter J. Horton
(Newman & Horton LLP)
Facts
Robert Lindsey and Charles Rodriguez were Los Angeles County Sheriff's Department patrol deputies. Following an arrest by Lindsey of an undocumented immigrant in Los Angeles for narcotics distribution, the Sheriff's Department and the District Attorney's Office engaged in an internal criminal investigation alleging discrepancies between the parking lot video where the arrest was made and the arrest report. The issue in dispute was whether the bindle of cocaine recovered from the suspect's vehicle was in plain view. Both Lindsey and Rodriguez were accused of falsifying a police report to support their search of the vehicle and criminal charges were filed against them. Following an initial dismissal due to the suspect's failure to appear at the preliminary hearing, the Deputy District Attorney amended the complaint and included charges of "obstruction of justice" against Lindsey and Rodriguez, which enabled the Deputy District Attorney to apply for a "U Visa" for the suspect, providing the suspect with a means to legally remain in the United States. The criminal case proceeded to trial and, after Lindsey testified that there were no discrepancies between the parking lot video and his arrest report, Lindsey and Rodriguez were acquitted. After the acquittal, Lindsey and Rodriguez sued the Undersheriff Paul Tanaka, Deputy District Attorney Kevin Stennis, and the County of Los Angeles.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs contended that the charges filed against them were initiated by Undersheriff Paul Tanaka in retaliation against Lindsey's father, Bob Lindsey. Bob Lindsey was a Commander in the Sheriff's Department who had repeated conflicts with Tanaka. Plaintiffs claimed that other similarly situated officers accused of falsifying police reports were not investigated or referred for prosecution, and only because of Tanaka's influence, did the Los Angeles County District Attorney's Office file charges against plaintiffs. Lindsey alleged that he properly described in his police report his actions in recovering the bindle of cocaine, and, as he testified at his criminal trial, why the location of the cocaine was in plain view. There were no false statements in the report. In order to follow through on Undersheriff Tanaka's plan of prosecuting Lindsey and Rodriguez, the District Attorney's Office intentionally attempted to keep the suspect in the United States by aiding him avoid deportation under the Victims of Trafficking and Violence Protection Act to testify against plaintiffs. If not for Lindsey's father's history with Undersheriff Tanaka, plaintiffs, like other officers who had been in their position, would not have been investigated or prosecuted. Moreover, the District Attorney's Office withheld from plaintiff evidence of their attempts to assist the suspect remain in the country. Plaintiffs further contended that defendants actions were because defendants were aware of the lack of probable cause to charge plaintiffs.
DEFENDANTS' CONTENTIONS: Defendants denied the contentions.
Injuries
Robert Lindsey and Charles Rodriguez claimed they and their families suffered from losing their salaries. They also endured humiliation and emotional distress.
Result
The parties entered a $2.25 million pre-trial settlement to be paid by the county on behalf of all defendants.
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