Confidential
Settlement – $35,000Judge
Court
L.A. Superior Torrance
Attorneys
Plaintiff
Defendant
Donna B. Koch
(Office the Los Angeles County Counsel)
Facts
On April 7, 1998, the plaintiff, age 27, awaiting trial on a pending felony matter, was transported from the Men's Central Jail to the Inglewood Municipal Court for a court appearance. The plaintiff claimed that while being held in the basement-lockup facility, the plaintiff waited in line to receive his lunch from the defendant sheriff's deputy. After the plaintiff received a sandwich and several cookies, he sat on a cell bench, finished his lunch, and got into line again. The defendant deputy noticed the plaintiff standing in line a second time. According to the plaintiff, the defendant deputy became irate and ordered the plaintiff out of the jail cell, grabbed his hair, pushed his face against a wall, and kicked him in the back of the legs, causing the plaintiff to drop to the floor. The plaintiff claimed the defendant deputy ordered him to kneel against the wall with his hands handcuffed behind his back for approximately 30 minutes. The plaintiff suffered bruises, stiffness and emotional distress from the assault. The defendant maintained the incident never occurred. The defendant argued that the defendant sheriff department was immune from liability pursuant to the 11th Amendment since the sheriff functions as a "state actor" in the day-to-day operations of the jail. The trial court rejected the County's 11th Amendment argument.
Injuries
Sore neck and emotional distress.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390