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Civil Rights
Battery
Infliction of Emotional Distress

Anthony Watson v. Los Angeles Unified School District, Peter Vastenhold

Published: Dec. 7, 1996 | Result Date: Oct. 18, 1996 | Filing Date: Jan. 1, 1900 |

Case number: BC120869 –  $1

Judge

Ronald M. Sohigian

Court

L.A. Superior Central


Attorneys

Plaintiff

Tamiko Brown

David Pallack

Lewis Jon Hollman


Defendant

J. Peter Peter Fiske


Facts

On March 17, 1994, a hallway confrontation occurred between defendant Peter Vastenhold, a white teacher, and an 11th grade student, plaintiff Anthony Watson. The plaintiff is African American. Defendant Vastenhold was teaching his sixth period class when there was a disturbance in the hallway outside. Defendant Vastenhold looked into the hall and, without identifying the noisemakers, told several students to hold it down. Moments later the disturbance recurred. Defendant Vastenhold again looked into the hall and told the plaintiff, who was the only student close to the door: "Be quiet and move on. You're interrupting class." The plaintiff had come from a classroom across the hall and retorted that he did not do anything and he was not the problem. Defendant Vastenhold told him to move on anyway, but the plaintiff insisted he was not the problem. According to the plaintiff, in the course of the confrontation defendant Vastenhold grabbed his right arm, grabbed the top of his shoulder and spun him around, poked him repeatedly in the shoulder and slapped him under the chin. Defendant Vastenhold also allegedly threatened to "kick the plaintiff's butt." Defendant Vastenhold testified he put his hand on the plaintiff's shoulder, touched the plaintiff on the chest a couple of times with the back of his hand, and tapped the plaintiff under the chin with his fingertips. The plaintiff brought this action against the teacher and the school district, based on violation of civil rights, assault, battery, false imprisonment and intentional and negligent infliction of emotional distress theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $10,000 in damages and $8,000 in attorney's fees. The defendants made an oral settlement offer of $1,000.

Specials in Evidence

$22,000

Damages

The plaintiff claimed $22,000 in damages.

Injuries

The plaintiff claimed he suffered emotional distress.

Other Information

The verdict was reached approximately one year and nine months after the case was filed. The plaintiff dismissed his race discrimination cause of action at trial when the court sustained defense objections to evidence of "statistical disparities" regarding expulsions of African Americans and denied the plaintiff's motion to preclude testimony of defendant Vastenhold's good relationships with African Americans. The plaintiff waived her right to appeal in exchange for the defendants waiver of any claim for attorney's fees on the civil rights cause of action under 42 U.S.C. Section 1983. The plaintiff executed an acknowlegement of full satisfaction of judgment for the payment of $1.00.

Deliberation

1+ days

Poll

varied

Length

9 days


#79011

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