Facts

On Feb. 26, 2011, plaintiff Gabriel Carrillo and his fiancé were visitors in the Men's Central Jail visiting Carrillo's brother. They violated the Jail's internal regulations by bringing in cellular telephones. They were arrested and brought into a small "break room" outside the visiting lobby of Men's Central Jail.

After Carrillo's girlfriend, Griselda Torres, was removed from the break room where they were both initially held, an altercation ensued.

Carrillo filed suit alleging he was attacked and arrested under false charges.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that the deputies threw Carrillo to the floor and began punching and kicking his body and face. Carrillo's hands were still handcuffed behind his back while he was beaten on the floor. Carrillo claimed the deputies tossed him throughout the room, at times causing his handcuffs to cut into both of his wrists. Carrillo contended that while trying to avoid the blows, one of the deputies knelt down placing his knee on Carrillo's back, stopping him from moving. For most of the beating, one deputy was at Carrillo's feet, holding them with one hand and punching his thighs with the other. Another deputy kept his knee pressed against Carrillo's back and was punching his ribs. A third deputy punched his head and face. They cursed at him as they kicked and punched him. Plaintiff contended that defendant Luviano sprayed Carrillo's face with a three to five second burst of pepper spray. Plaintiff alleged that this was done to inflict greater pain on his open wounds, since he was already immobilized.

Carrillo contended that he feared for his life during the beating. He alleged he was unable to breathe during the incident because of a combination of pain in his chest from being kicked, mucous and blood in his mouth from being punched and slammed face first into a refrigerator, and pepper spray that was directed at his face. Plaintiff claimed the deputies mocked him during the incident and that he was convinced he would die. Carrillo subsequently was booked at Men's Central Jail, where he spent three days prior to posting bail. Plaintiff claimed he feared the officers would return, beat him more and likely kill him.

Plaintiff faced false charges of resisting arrest and assaulting an officer, and three officers testified against him in two evidentiary hearings. A week before trial, and 10 months after the incident, plaintiff entered into negotiations with the District Attorney's Office, and charges were dropped. Plaintiff claimed that during the 10 months he feared he would be unfairly convicted and sent to prison for many years for a crime he did not commit. That fear continued after the charges were dropped because the District Attorney reserved the right to re-file against him.

The criminal case was dropped by the District Attorney's Office after Carrillo presented evidence that he had circumferential scarring on both of his wrists. After the criminal case was dismissed, Carrillo filed a civil rights case against the county and the deputy defendants.

DEFENDANTS' CONTENTIONS:
The deputies contended that Carrillo was initially only handcuffed around his left wrist. Carrillo then swung the loose cuffs like a weapon striking a deputy, which resulted in the deputies using force against Carrillo. The defendants asserted their use of force was justified.

Settlement Discussions

The first mediation was before a private mediator in which no settlement was reached.

Injuries

Plaintiff claimed he suffered from severe pain to his face, chest, back, and thigh. Plaintiff had partial paralysis of one eyelid, which he feared would be permanently damaged, and anxiety. Plaintiff also has continuous back pain.

Result

The case settled for $1,175,000.

Other Information

In discovery, evidence was produced that Sergeant Eric Gonzalez, the supervisor present during the beating who approved the allegedly fabricated reports, sent a text message attached to the booking photo of Carrillo's beaten face to a fellow deputy who beat Carrillo's brother which read: "Looks like we did a better job," and "where's my beer big homie." Subsequent to the filing of Carrillo's lawsuit, the U.S. Attorney's Office filed criminal charges against the deputies involved in Carrillo's beating. The civil settlement does not affect the federal criminal charges pending against the five deputies involved in the beating of Carrillo. MEDIATOR: Federal Magistrate Judge Patrick J. Walsh FILING DATE: March 27, 2012.