Roger Brass v. County of Los Angeles
Published: Dec. 10, 2002 | Result Date: Oct. 25, 2002 | Filing Date: Jan. 1, 1900 |Case number: TC012287 Verdict – $55,000
Judge
Court
L.A. Superior Compton
Attorneys
Plaintiff
Thomas E. Beck
(The Beck Law Firm)
Defendant
Experts
Plaintiff
Danny Sneed
(technical)
Facts
On the morning of April 6, 1997, the defendant, Rick Thurlo, a Los Angeles Sheriff Department deputy, visited the plaintiff's home in Carson searching for a warrant subject, James Nichols. He asked the plaintiff if "James" was home. The plaintiff replied that "his brother James Brass would be home later." The defendant returned and arrested James Brass on James Nichol's warrant. At Carson Station, the defendant determined that James Brass could not be James Nichols because the CII numbers did not match. However, he thought that James Brass could not be James Nichols because the Rap Sheet showed he was missing a finger and the plaintiff was missing a finger on his right hand. The defendant persuaded James Brass to summon Roger to Carson Station to pick him up and seized Roger putting him into lockup with James and told them to "figure out" which was James Nichols. Neither one was. The defendant Thurlo got booking approval for Roger from the defendant, Sgt. Steve Katz, and turned Roger over to the jailer, Debra Knox, to run his records and fingerprint comparison. Debra Knox, the jailer, left work at 2:17 p.m. Teletype arrived at Carson Station and advised that Roger's CII number did not match the warrant subjects, but nobody took notice and kept Brass in jail. Next morning, the plaintiff transported to the mens' central jail and CCB, but he was not arraigned on the warrant. He was returned to MCJ on the Tuesday and again on the next day. The Superior Court ordered Brass released but he continued to be held for another 39 hours by reason of LASD policy and practice to not release anyone who has a liberty interest until all other 3000-4000 inmates who are certain to remain in jail are processed first.
Settlement Discussions
The plaintiff submitted a demand of $35,000. The defendant offered $3,000, which was increased to $20,000 prior to trial.
Damages
Six days in jail as a result of misidentity, emotional distress, two days on jail after a court order for release.
Other Information
Counsel for the defendant stated that the case arose from the arrest of Roger Brass, pursuant to a valid warrant, who substantially matched the physical description of the person sought in the warrant. The similarities of the men included race, hair/eye color, height, weight, age and the same missing finger on the same hand. In addition to these physical similarities, both men had the same residence address and both men had been employed at a salvage yard located next door to their residence. Based on these facts, Deputy Rick Thurlo arrested Roger Brass on April 6, 1997. Brass was arraigned on April 9, 1997, and remained in custody until his release on April 11, 1997 even though a judge ordered his release on April 9, 1997.The plaintiff filed suit in federal court in a case entitled Roger Brass v. County of Los Angeles, Rick Thurlo, et al, United States District Court Case No. 98-2052 LGB (AIJx), alleging three federal claims: 1) arrest without probable cause; 2) unlawful detention in jail after he was ordered released by a judge; and 3) unlawful detention pursuant to a policy of the Sheriff's Department. All three claims were dismissed on summary judgment in favor of the defendants.In granting the first summary judgment in favor of the defendants, the federal court found that Deputy Thurlo had probable cause to arrest the plaintiff, complied with Fourth Amendment requirements governing arrests and had nothing to do with the plaintiff's detention after he was ordered released by a judge. In granting the second motion for summary judgment in favor of the defendants, the federal court ruled that the plaintiff's 39-hour detention in jail was constitutional. The stated causes of action were thereafter refiled in Compton Superior Court and a Compton jury disagreed with the Federal Court and found that the 39-hour detention was not reasonable. Liability was found only against the County of Los Angeles. Captain Maldonado and Jailer Debra Knox were dismissed as defendants during trial. Deputy Thurlo and Sergeant Katz were not found liable for any cause of action by the jury.
Deliberation
three hours
Poll
12-0
Length
12 days
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