This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Civil Rights
Excessive Force
Pregnant Woman

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

Howard R. Price


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.


#82647

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390