Philip Markowitz v. City of Los Angeles, City of Pasadena, D. Duran, LAPD Officer Magallon, LAPD Sgt. Torres, M. Dahlstein, PPD Sgt. Delgado, Sgt. Rojas, Sgt. Ventura, Christian, Tucker, Sgt. Art Chute, and LAPD Officers Does 1 to 15
Published: Oct. 22, 2016 | Result Date: Mar. 9, 2016 | Filing Date: Jan. 1, 1900 |Case number: BC379354 Verdict – Defense
Court
L.A. Superior Central
Attorneys
Plaintiff
Jeffrey A. Cohen
(Law Office of Jeffrey A Cohen)
Defendant
Denise C. Zimmerman
(Office of the City Attorney)
Facts
Philip Markowitz sued the City of Los Angeles, the City of Pasadena, and various named Los Angeles Police Dept. officers and sergeants, including D. Duran, Magallon, Torres, M. Dahlstein, Delgado, Rojas, Ventura, Christian, Tucker, and Art Chute, as well as LAPD Doe Officers, in connection with an incident that allegedly occurred on Jan. 15, 2007.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff was at his residence when LAPD officers from the Hollywood division took him into custody and turned him over to the Pasadena Police Dept. Plaintiff claimed that he previously dated a woman who lived in Pasadena and that this woman had called the Pasadena Police Dept. to report him. However, no findings were made and the charges against plaintiff were ultimately dropped. Plaintiff filed this instant action against the named defendants, municipalities and doe defendants, alleging that their actions constituted false arrest and unlawful seizure.
DEFENDANTS' CONTENTIONS:
Defendants claimed exigent circumstances existed permitting the arrest. Defendants also denied any use of force and that plaintiff essentially allowed the officers into his property.
Damages
Markowitz sought damages for the officers' intentional infliction of emotional distress.
Injuries
Markowitz allegedly suffered from nightmares following the incident and had to undergo counseling.
Result
Many of the named defendants were ultimately let out of the case, including the City of Pasadena and the matter continued only against the City of Los Angeles and seven previously unnamed LAPD officers. The jury found that exigent circumstances existed and rendered a verdict in favor of the defense.
Other Information
FILING DATE: Oct. 19, 2007.
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