Jose Beas v. County of Los Angeles
Published: Mar. 24, 2007 | Result Date: Dec. 19, 2006 | Filing Date: Jan. 1, 1900 |Case number: CV053723 Settlement – $2,800,000
Court
L.A. Superior
Attorneys
Plaintiff
Vicki I. Sarmiento
(Law Offices of Vicki I. Sarmiento)
Dale K. Galipo
(Law Offices of Dale K. Galipo)
Defendant
Edwin A. Lewis
(Office of the Los Angeles County Counsel)
Facts
Plaintiff Jose Beas, 41, who had no prior record, was accused of child molestation and placed in the Los Angeles County Men's Central Jail, where he was beaten nearly to death by other inmates. After the beating, the charges against plaintiff were dropped. According to plaintiff's counsel, defendant County of Los Angeles realized that plaintiff had a strong civil rights action against it, and that the child molestation case against plaintiff was weak.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that his Fourth and 14th Amendment rights to personal security and due process were violated when he was incarcerated and beaten. Plaintiff was beaten because he was improperly placed in the general population as an accused child molester. Pursuant to the sheriff's department policies, such inmates are to be separated from other prisoners.
Plaintiff had been arrested after being charged with the unlawful sexual penetration of the rectal area of a five-year-old girl whom his wife had been babysitting. A detective who interviewed plaintiff erroneously reported that plaintiff had admitted to molesting the child. Rather, plaintiff had vehemently denied the molestation charges. Further, a medical examination of the child did not reveal any evidence of sexual abuse. The mother of the child corrected a prior statement to the detective, admitting she had not noticed any redness or irritation on the child's bottom. Moreover, it would have been impossible for plaintiff to inappropriately touch the child, as his entire family was home at the time the alleged conduct occurred.
Injuries
Plaintiff no longer walks and is confined to a wheelchair. He also sustained severe traumatic brain injury.
Result
The Los Angeles County Board of Supervisors approved a $2.8 million settlement for plaintiff.
Other Information
This case was mediated by Hon. Dickran Tevrizian.
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