Facts

Plaintiff Eduardo Cervantes filed suit against the County of Los Angeles, and Deputies Paul Cruz and Victor Cisneros, based on an incident that occurred on November 23, 2010.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed he was sitting in a parked car in a private parking lot, when defendant deputies approached his vehicle. Plaintiff, who was familiar with law enforcement terminology, asked, "What's your PC?" The deputies who appeared offended by plaintiff questioning them, ordered him out of his car, and Deputy Cisneros began to conduct a pat down. Plaintiff claimed that as Deputy Cruz held plaintiff's hands, Deputy Cisneros punched him in the right side of his face. Then, both deputies took Cervantes, who has a prosthetic right leg, down to the ground where he hit the back of his head causing a contusion. The deputies then flipped plaintiff over, handcuffed him, and placed him in the back of their patrol car under arrest.

Plaintiff asserted causes of action for excessive force and false arrest.

DEFENDANTS' CONTENTIONS:
Defendants contended the deputies approached plaintiff in his car and asked for his name and identification. When Cervantes refused, Deputy Cruz ordered him out of his car, and Deputy Cisneros began to conduct a pat-down search for weapons on plaintiff's person. Defendants claimed Cervantes began to resist the pat down and then dragged Deputy Cisneros a couple of feet. Deputy Cisneros claimed he then guided plaintiff to the ground where plaintiff landed on his stomach. The deputies claimed Cervantes was twisting his neck and caused a contusion on the center back of his head. Deputy Cisneros contended he punched plaintiff one time in the face because plaintiff had threatened to spit on him. Plaintiff was then handcuffed and arrested for violating Cal. Penal Code section 69.

Defendants contended force was reasonable and probable cause existed for the arrest.

Injuries

Plaintiff claimed he sustained a contusion on the center back of his head, bruises around his right eye, and that his right eye still has floaters in it, Plaintiff claimed he experienced and still experiences emotional pain and suffering.

Result

Verdict for the plaintiff in the amount of $900,000.

Other Information

FILING DATE: Nov. 19, 2012.

Deliberation

one hour

Length

three days