James M. Kawaguchi v. City of Arcadia, David Swearengin and Tracy Towner
Published: Jun. 29, 1996 | Result Date: May 14, 1996 | Filing Date: Jan. 1, 1900 |Case number: CV953382JMI – $0
Judge
Court
USDC Central
Attorneys
Plaintiff
Defendant
Martin L. Carpenter
(Carpenter Rothans & Dumont)
Nancy P. Doumanian
(Doumanian & Associates)
Experts
Plaintiff
Rodney Barnhart
(medical)
Facts
On May 23, 1994, at 2:00 a.m., the defendant Arcadia Police officers, David Swearengin and Tracy Towner, responded to a 911 call (domestic dispute) at the home of plaintiff James Kawaguchi, a 54-year-old financial investment advisor and consultant. Upon the defendant officers' arrival at the plaintiff's home, they knocked and announced themselves. The plaintiff opened the front door and allegedly stated "What in the hell you want" and proceeded to slam the door shut and lock it. The defendant officers claimed that they feared domestic violence had occurred at the residence and they continued to knock on the door. The plaintiff answered the door a second time and defendant officer Swearengin told him that they had to speak with the person that made the 911 call. The plaintiff allegedly told the defendant officers that he was not going to allow them to come in and it appeared to defendant officer Swearengin that the plaintiff was going to close the door again. Defendant Swearengin then began to forcefully open the door against the plaintiff's resistance. A scuffle ensued between officer Swearengin and the plaintiff during which time the plaintiff pushed the defendant officer's hand away from his neck and shoulder area. Both men fell to the carpeted floor and defendant officer Swearengin applied a pain compliance arm hold behind the plaintiff's back. With the assistance of defendant officer Towner, defendant officer Swearengin was able to handcuff the plaintiff. The plaintiff was immediately removed from the residence and taken to the Arcadia Police Department and then the hospital for treatment of his injuries. The plaintiff brought this action against the defendants, the City of Arcadia and the officers, based on civil rights violations and assault and battery theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $30,000. The defendants made no settlement offers.
Specials in Evidence
$3,500 $15,000
Damages
The plaintiff asked the jury to award $70,000 in general and special damages and $10,000 in punitive damages against officer Swearengin.
Injuries
The plaintiff alleged that he sustained a torn left rotator cuff, two through and through lacerations to his lower lip, multiple constusions and abrasions, headaches and emotional distress as a result of the defendants' conduct. The plaintiff also alleged that he treated with his orthopedist who prescribed physical therapy and disucssed the possibility of surgery to his left shoulder.
Other Information
The verdict was reached approximately one year after the case was filed.
Deliberation
20 minutes
Poll
8-0
Length
4 days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390