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Civil Rights
Excessive Force
42 USC 1983

Ocie Henderson v. County of Los Angeles, Grady Miles, Ken McWaid

Published: Oct. 31, 2009 | Result Date: Jun. 29, 2009 | Filing Date: Jan. 1, 1900 |

Case number: 2:05-cv-03019-ABC-CT Verdict –  $55,000

Court

USDC Central


Attorneys

Plaintiff

Louis P. Dell


Defendant

Henry P. Nelson
(Nelson & Fulton)

Amber A. Logan
(Nelson & Fulton)


Facts

On Aug. 2, 2004, defendant Los Angeles Sheriff's Deputy Grady Miles entered Post Oh Business Center, a commercial mail-receiving agency located in Monrovia, and requested from the owner, defendant Ocie Henderson, 11 Postal Service 1583 forms of patrons who maintained postal boxes at the facility for purposes of verifying addresses in an investigation. Post Oh was required by law to make these forms available to investigating officers. Henderson asked the deputy to be more specific about his request, but Miles stated that he could provide no further information regarding the investigation or the request.

The deputy left the store without receiving any of the forms. Later that day, the deputy returned with backup to the store with a search warrant and arrested Henderson for obstruction of justice. They searched Henderson's vehicle.

Henderson sued the deputies alleging insufficient cause to arrest him or search his vehicle, violations under the Fourth Amendment.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that he did not argue with the deputy and did not refuse to show him the forms. His arrest and car search were unnecessary and unreasonable.

DEFENDANT'S CONTENTIONS:
The defendant claimed that the plaintiff refused to show the defendant the required forms.

Injuries

The plaintiff claimed emotional distress.

Result

The jury found for the plaintiff and awarded him $55,000, including $40,000 in punitive damages against Miles. The court set aside the punitive damage and awarded plaintiff $142,560 in attorney fees and $1664 in costs.

Poll

8-0

Length

four days


#87793

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