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Civil Rights
Excessive Force
Illegal Search and Seizure

Derrick Simpson v. County of Los Angeles, Michael Haggerty, and Does 1 through 20, inclusive

Published: Aug. 17, 2013 | Result Date: May 28, 2013 | Filing Date: Jan. 1, 1900 |

Case number: TC025257 Verdict –  Defense

Court

L.A. Superior Compton


Attorneys

Plaintiff

Lonnie J. Brandon


Defendant

Joseph A. Langton
(Office of the County Counsel)


Experts

Plaintiff

Timothy McWilliams
(Office of the City Attorney) (technical)

Nancy Kaser-Boyd
(medical)

Defendant

Martin D. Levine
(medical)

Curtis J. Cope
(technical)

Facts

On May 5, 2010, Derrick Simpson was outside his home when Los Angeles County Deputy Michael Haggerty stopped him. Simpson was taken to the ground and placed under arrest. Haggerty recovered a bag of marijuana from Simpson's car, and also confiscated multiple marijuana plants and other drug items from Simpson's home. Haggerty arrested Simpson, but the criminal case was later dismissed by the District Attorney's office.

Simpson sued Haggerty and the County, alleging that Haggerty's actions constituted excessive force and illegal search and seizure.

Contentions

PLAINTIFF'S CONTENTIONS:
Simpson claimed that Haggerty accosted him for no reason and choked him when he took him down to the ground. Haggerty also had no warrant to search his home.

DEFENDANT'S CONTENTIONS:
Haggerty claimed he observed Simpson with a large bag of marijuana, which is why he approached him. When he approached him, Simpson was hostile and uncooperative, causing Haggerty to place him under arrest. Deputy Haggerty claimed he had probable cause to search Simpson's home after a resident of Simpson's home was found to be on formal probation for narcotics violations.

Damages

Simpson sought $800,000 in general damages.

Result

The jury returned a defense verdict.

Deliberation

four hours

Poll

11-1

Length

seven days


#93686

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