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Civil Rights
Assault and Battery
Misidentification

Candace Valenzuela, Susana Valenzuela, Jazmyne Anne Marie Jones, a minor v. San Diego Police Department; Christopher Pavle; Erich Bennett, and Does 1 to 10

Published: Dec. 16, 2022 | Result Date: Aug. 29, 2022 | Filing Date: Jan. 2, 2019 |

Case number: 3:19-cv-00002-LL-DEB Settlement –  $55,000

Judge

Linda Lopez

Court

USDC Southern District of California


Attorneys

Plaintiff

Manuel L. Ramirez
(Manuel Luis Ramirez Law Firm PLLC)


Defendant

Daniela N. Loomis
(Office of The San Diego City Attorney)


Facts

Candace Valenzuela was arrested for theft in her home by the San Diego Police Department in front of her domestic partner, Susan Valenzuela, and her minor daughter, J.A.M.J. She was held for three days until her arraignment, and then she was released.

Ultimately, the charges against Candace Valanzeula were dismissed, and a motion for factual innocence was granted. A different person pled guilty and was sentenced for the thefts Candace had been charged with a few weeks after her arrest.

Candace, Susan, and J.A.M.J. filed suit against the San Diego Police Department.

Contentions

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that the defendants had falsely arrested Candace Valenzuela in her home; that her domestic partner and minor daughter had been present when she was assaulted and battered by the defendants in the process of placing her in handcuffs and taking her away from their home in a patrol car; that Susana and J.A.M.J. suffered severe emotional distress out of fear for Candace's safety and their family's future; that J.A.M.J. had to undergo counseling to deal with the emotional distress of seeing her mother wrongfully arrested; that the defendants had negligently inflicted emotional distress on the plaintiffs; that the defendants had violated their civil rights; and that the defendants were liable for these violations under numerous state and federal laws.

DEFENDANTS' CONTENTIONS: Defendants denied any wrongdoing or liability and all of the plaintiffs' material allegations.

Result

The parties reached a settlement agreement wherein the defendants admitted no wrongdoing or liability but agreed to pay $55,000 to settle the plaintiffs' claims. The settlement was split among all of the plaintiffs, with $45,000 paid to Candace, $5,000 to J.A.M.J., and $5,000 to Susana. The minor received $3,983.33, but the remaining $1,016.67 was paid to Medi-Cal to satisfy a lien and reimburse her covered medical costs.


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