Facts

On Nov. 27, 2010 at 1:55 a.m., defendant Long Beach Police Officers Michael Hynes and David Faris responded to a fight between one female and three males outside a home in Long Beach. The defendant police officers detained those involved in the altercation. Plaintiff Miguel Vazquez went outside to inquire about one of his friends had also been detained. Officer Faris told him to go away. Vazquez did not leave and persisted in asking why his friend was stopped.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Officer Faris became upset over plaintiff's questioning and pushed him, and tackled him to the ground. This violated Vazquez first amendment rights to question police. Officer Faris then commenced to hit Vazquez with a baton, 4-6 times.

Plaintiff Miguel Contreras witnessed this and told them to stop, and then Officer Hynes proceeded to beat Contreras 19 times with a baton telling him to "get down," and "roll over on your belly," which Contreras could not do the latter since his elbow was fractured. Officer Hynes then stomped on Vazquez's hand, while Vazquez was still on the ground, and ground it until his fifth finger on his right hand was fractured.

Plaintiffs claimed that Officers Hynes and Faris used excessive force, fabricated evidence in police reports. The alleged fabricated reports resulted in prosecutions of Vazquez for assault on a police officer, obstruction of a police officer's duties, and for Contreras obstruction of a police officer's duties. Plaintiffs asserted causes of action for violation of Vazquez's first amendment rights, and intentional infliction of emotional distress on Contreras.

DEFENDANT'S CONTENTIONS:
Defendants claimed that there was no excessive force, no fabrication of evidence, no malicious prosecution, and no violation of first amendment rights.

Settlement Discussions

Defendants offered $475,000 to Contreras, and $50,000 to Vazquez, which was rejected by plaintiffs. According to plaintiff, defense would not go over $50,000 with respect to Vazquez.

Injuries

Vazquez sustained a sprained left ankle and bruising from the baton blows, and a fractured fifth finger on his right hand. He recovered eventually. Contreras suffered contusions all over his body, a fractured elbow where metal plates and screws were placed, which was there for five years until second surgery and the metal was removed. His left arm is disfigured, and suffered permanent partial loss of arm use. He suffered depression and post-traumatic stress disorder.

Result

The jury found in favor of the plaintiffs and awarded $375,000 to Vazquez for excessive force, against Officers Faris and Hynes, and violation of first amendment rights to protest police actions. The jury awarded Contreras $1.25 million for excessive force and intentional infliction of emotional distress against Officer Hynes. With respect to Vazquez, the jury found excessive force against Officer Faris and Hynes, and a first amendment violation against Faris. With respect to Contreras, the jury found excessive force against Hynes for at least 19 baton blows, as well as intentional infliction of emotional distress against Hynes.

Other Information

Attorney fees under 42 USC 1988 and costs yet to be awarded. According to plaintiff, key issues were whether Vazquez had the right to question Officer Faris, and whether the officers could use batons when plaintiffs failed to comply with their orders. The jury answered affirmatively that there was a first amendment violation, and the jury found that Officer Hynes could not beat Contreras with the baton when he did not comply with an order to get down or turn over on his belly.

Deliberation

one day

Poll

8-0

Length

nine days