Steven Anthony Foerster v. County of Los Angeles, Deputy Carlos Gutierrez; Deputy Armando Cuevas; Deputy David Payne; Custody Assistant Michael Dery
Published: Jul. 15, 2006 | Result Date: Jun. 7, 2006 | Filing Date: Jan. 1, 1900 |Case number: CV-0500266 SJO Verdict – Defense
Court
USDC Central
Attorneys
Plaintiff
Leo J. Terrell
(Law Office of Leo Terrell)
Defendant
Experts
Plaintiff
David Dotson
(technical)
Defendant
Elmer J. Pellegrino
(technical)
William W. Brien
(medical)
Facts
On Oct. 19, 2004, the plaintiff, age 41, was allegedly raised his voice and was yelling at the clerks at the traffic window at the Glendale Courthouse. The plaintiff refused to stop his disruptive behavior in spite of warnings. Deputies monitoring the Courthouse were summoned. An altercation ensued when the plaintiff began using his cell phone camera to take pictures of Deputy Gutierrez. Plaintiff received injuries resulting from the altercation and contended he was unable to work as a carpenter since the date of the altercation. He further contended that he was not creating a disturbance at the time and the deputies used unreasonable force while taking him into custody in order to control the situation.
The City of Glendale Police Department responded and handled the incident because the Courthouse is in that jurisdiction. A police report was made; however, the City of Glendale Police did not submit it to the District Attorney for filing. The plaintiff was released at the scene after treatment by paramedics.
Contentions
CONTENTIONS:
The plaintiff claimed that his civil rights were violated.
Settlement Discussions
$500,000 demand reduced to $210,000 before trial.
Specials in Evidence
$10,000.
Injuries
Head, neck, shoulder, back, calf, abrasions to knee and body.
Result
Defense verdict.
Other Information
The plaintiff also had sued Los Angeles County Sheriffs Lt. Joe Badali and Sgt. Von Mosley, contending that during the 2½-hour detention of plaintiff at the Courthouse, they beat the plaintiff as well as failed to produce surveillance camera videos of the incident subsequent to handcuffing. They were dismissed by plaintiff prior to trial.
Deliberation
one hour
Length
four days
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