Anthony D. Lopez v. City of Long Beach, Gabriel Carrillo
Published: Dec. 25, 2009 | Result Date: Sep. 21, 2009 | Filing Date: Jan. 1, 1900 |Case number: 08CV03666(JFW) Verdict – Defense
Court
USDC Central
Attorneys
Plaintiff
Frank J. Perez
(Perez & Caballero APC)
Hermez Moreno
(Boucher LLP)
Defendant
Monte H. Machit
(Office of the Long Beach City Attorney)
Experts
Plaintiff
Derek Dee
(technical)
Defendant
Elmer J. Pellegrino
(technical)
Geoffrey M. Miller M.D.
(medical)
Facts
On July 31, 2007, plaintiff Anthony D. Lopez, a 68-year-old retiree living with cancer, was driving with his wife in Redondo Beach, near Pacific Coast Highway, when he was stopped by Long Beach police officer and defendant Gabriel Carrillo. The plaintiff brought suit against City of Long Beach and defendant for excessive force and false arrest.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendant ordered the plaintiff out of his car, but since the plaintiff was ill, he did so slowly, at which time the defendant shouted at him. Without warning or justification, the defendant lunged toward plaintiff, grabbed his right arm, and twisted it upwards behind his back, forcing plaintiff down. When the plaintiff asked what he had done wrong, defendant said plaintiff "challenged [him]! It was the look [plaintiff] had on his face as [defendant] passed..." Thus, the defendant's stop, detention, and arrest were unlawful and executed with excessive force.
Injuries
The plaintiff claimed an aggravation of pre-existing medical conditions as well as emotional distress.
Result
The court found in favor of the defense.
Other Information
FILING DATE: June 4, 2008.
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