Tamara Gaglione v. Los Angeles Police Department, Daniel Hernandez, Roberto Martinez, Oscar Chavez, Chad Williams, Spencer Smith
Published: Feb. 2, 2013 | Result Date: Dec. 21, 2012 | Filing Date: Jan. 1, 1900 |Case number: 2:12-cv-2857 Settlement – $250,000
Court
USDC Central
Attorneys
Plaintiff
Defendant
Gary A. Ostrick
(Office of the California Attorney General)
Facts
In August 2011, Tamara Gaglione, who was pregnant, was pulled over by California Highway Patrol officers for talking on her phone. After she pulled over to the shoulder off the highway, the officers ordered her to get out of her car and put her hands up. She failed to do so. Consequently, the officers drew their guns, approached Gaglione, and pushed her to the asphalt and kicked her ribs. Next, another officer pressed his knee into her back, pinning her to the ground.
Gaglione was ultimately arrested and charged with resisting arrest and driving on a suspended license. The charges were eventually dismissed, and Gaglione pleaded no contested to talking on her cell phone while driving.
Later, Gaglione filed a lawsuit against the CHP and the involved officers, alleging civil rights violations including excessive force and malicious prosecution.
Result
The parties agreed to settle for $250,000.
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