Facts

Plaintiff Monica Rivera, 35, worked as an in-home care provider for her mentally disabled mother. On Nov. 17, 2010, plaintiff came home from school to take care of her mother, who completely depends on her for her basic needs. Later that evening, as she walked towards the food store, the City of Richmond Police officers Amit Nath and Ritzie Tolentino confronted and detained her for loitering for purposes of prostitution. The officers assumed that she was prostituting based on what she was wearing and that she was walking along on a main street alone at night. They complained about her clothing, accusing her of dressing like a prostitute and speculated that she had condoms in her purse.

Plaintiff attempted to explain that she lives nearby and that her mother needed food and that was the only reason that she was in the area at that hour. She showed the officers her open purse to disprove that she had condoms or anything else that would suggest she was a prostitute. Instead of confirming this information and without any corroboration that she was breaking the law, the officers arrested her by slamming her to the ground, causing a gash with an abrasion on her knee. While plaintiff was on her back, Tolentino repeatedly punched her in the chest and pulled her hair. As Tolentino's aggression escalated and he continued to beat her, she feared that she would soon suffer great bodily injury to be killed.

Meanwhile, Nath stood by and did nothing to stop this assault. After the beating, plaintiff was booked for loitering for the purposes of prostitution, and she remained in jail for two days until her family bailed her out.

Plaintiff had never been arrested or detained before and she was distressed and frightened about her mother's well being in her absence. Plaintiff has no prior arrests or convictions for any crime, including prostitution.

The police had no independent basis to suspect that plaintiff engaged in such conduct. The District Attorney's Office declined to prosecute plaintiff due to insufficient evidence.

Plaintiff was unable to provide for her mother, who depends on her entirely. Her mother did not eat the entire time that plaintiff was in jail.

Plaintiff brought this action against defendants based on unlawful detention and arrest; excessive force; failure of Officer Nath to intervene to prevent constitutional injury to plaintiff; interference of family companionship; violence; intimidation and threat of violence against her person because of her gender expression and gender related appearance; interfering by threats; intimidation or coercion with plaintiff's exercise or enjoyment of rights secured by the Constitution.

Settlement Discussions

Plaintiff demanded $250,000. Defendants offered $50,000.

Injuries

Plaintiff suffered physical injuries from the trauma of the assault including her hair being pulled out of her scalp, contusions on her chest from being punched and an abrasion on her knee. Plaintiff was also diagnosed with post-traumatic stress disorder.

Result

The parties settled for $155,000.

Other Information

FILING DATE: Nov. 8, 2012.