Thornell Brown v. Jawayne Fambrough, et al.
Published: Feb. 16, 2013 | Result Date: Sep. 10, 2012 | Filing Date: Jan. 1, 1900 |Case number: 1:09-cv-00573-JLT Verdict – Defense
Court
USDC Eastern
Attorneys
Plaintiff
Donald A. Lancaster Jr.
(The Lancaster Law Group)
Defendant
Diana F. Esquivel
(Office of the Attorney General)
Facts
Thornell Brown, a prisoner serving time at Kern Valley State Prison, was being escorted by Correctional Officers Jawayne Fambrough and Joe Garcia to the Program Office when the officers allegedly used excessive force on him. Brown claimed that upon reaching the Program Office, Officers Jackson Copeland and Felix Vasquez joined the other two officers in using excessive force against him. Brown claimed that several other officers, including Sergeant Jerome Peacock and Lieutenant John Whitehead watched the incident, but did nothing to protect him. Brown sued the officers involved for violating his civil rights.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that as the officers transported him, Fambrough violently pulled and pushed him. Plaintiff further contended that the officers attempted to "dump" him on his head, but that when he resisted, his left foot caused Fambrough and Garcia to fall. Plaintiff then contended that once he was on the ground, the officers punched and kicked him. Moreover, Plaintiff contended that other just watched the officers continue to beat him and failed to protect him from the unprovoked beating.
DEFENDANTS' CONTENTIONS:
Defendants contended that Plaintiff resisted the officers' efforts to escort him and incited other inmates on the yard. Defendants also contended that Plaintiff threatened the officers and contorted his body without warning, causing Fambrough to fall and hit his head on the concrete floor. Further, Defendants contended that efforts to subdue Plaintiff were met with kicking and hitting the other officers. Defendants contended that the officers were injured as a result of the incident. Thus, Defendants contended that they only used the amount of force necessary to subdue and restrain plaintiff. Further, that any injuries he sustained were the result of his refusal to comply with orders to stop resisting.
Damages
Brown demanded $78,000, which was countered by Defendants' offer of $500.
Injuries
Brown sustained scrapes, scratches, cuts, bruises, and welts to his head, knees, shoulders and ankles. He also sustained fractures to several ribs. He continued to experience shoulder and back pain as a result of the incident.
Result
The jury rendered a defense verdict.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390