Harold Smith v. City of Los Angeles
Published: Oct. 1, 1994 | Result Date: Sep. 20, 1994 | Filing Date: Jan. 1, 1900 |Case number: 904006JGD – $0
Judge
Court
USDC Central
Attorneys
Plaintiff
Stephen Yagman
(Yagman Reichmann LLP)
V. James DeSimone
(V. James DeSimone Law)
Defendant
Michael P. Stone
(Stone Busailah LLP)
Victor Alexandroff
(Alexandroff Law Group)
Experts
Plaintiff
Robert Olds
(technical)
Defendant
Jared Zwickey
(technical)
Facts
On July 26, 1990, Defendant LAPD officers Marks, Young, Gerst, and Greene were in possession of a no-bail warrant for Plaintiff Harold Smith, a 30-year-old unemployed black male. The officers allegedly attempted to take him into custody on an informant's tip that Smith was presently located at 616 Broadway, Venice. Smith allegedly spotted Officer Young and ran down Broadway. The officers pursued him, but lost sight of him just north of Broadway, near Seventh and Brooks. A perimeter was established, helicopter surveillance arrived, and three canines were summoned to assist officers in the search for Smith. Two hours later, the same informant notified the officers that Smith was hiding in apartment 209 located at 664 Brooks Street.
Settlement Discussions
Plaintiff contends Defendant city offered $6,500 to settle the case.
Specials in Evidence
not claimed not claimed
Injuries
Multiple dog bites on the right calf requiring debridement and causing permanent scarring; head contusions including swollen black eye.
Result
Defense verdicts were rendered as to two Defendants (Ruegg and Marks) and the jury was hung on the remaining two Defendants (Moberly and Broussard). A new trial for Defendant officers Broussard and Moberly is set for April 4, 1995.
Other Information
The liability was tried in two phases, the first as to the officers and the second as to the city under Monell.
Deliberation
13.5 hours
Poll
11-0
Length
4 days
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