Alphnia D. Boone, Dilzia Newman v. City of Los Angeles, Charlie Beck, Beatrice M. Girmala, Kevin Johnston, and Howard Lu
Published: Dec. 20, 2014 | Result Date: Apr. 23, 2014 | Filing Date: Jan. 1, 1900 |Case number: 2:12-cv-09301-JAK-CW Settlement – $120,000
Court
USDC Central
Attorneys
Plaintiff
Olu K. Orange
(Orange Law Offices)
Defendant
Craig J. Miller
(Office of the Los Angeles City Attorney)
Laura E. Inlow
(Collinson, Daehnke, Inlow & Greco)
Facts
Alphnia Boone and Dilzia Newman sued the City of Los Angeles, Los Angeles Police Department Chief Charlie Beck, Captain Beatrice Girmala, and Officers Kevin Johnston and Howard Lu, in connection with a traffic stop that occurred on Feb. 15, 2011.
Defendant Girmala was dismissed prior to trial.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs, female partners in a same-sex relationship, claimed that LAPD Officer Johnston, accompanied by Officer Howard Lu, conducted a traffic stop of their vehicle around Hollywood. Plaintiffs claimed that during the traffic stop Johnson verbally harassed Boone, the passenger, making derogatory and misogynistic comments. Plaintiffs claimed Officer Lu then issued Newman a citation, and Johnston detained Boone without probable cause. Plaintiffs claimed that during his detention of Boone, Johnston grope-searched her and told her that she did "not feel like a man" and that he would "teach [her] how to talk to men." Johnston then cited her for the legal possession of medical marijuana.
After the incident, plaintiffs filed a personnel complaint against the officers. Plaintiff claimed that later Johnston's employment with the LAPD was terminated for his alleged failure to be truthful during the investigation of plaintiffs' complaint. Nonetheless, the LAPD classified plaintiffs' complaint as "unfounded," thereby prompting this lawsuit. Plaintiffs asserted causes of action for violations of their civil rights, municipal liability, as well as state law claims for assault, battery, fraud, and violations of the California Business and Professions Code, California Constitution, and California Civil Code.
DEFENDANTS' CONTENTIONS:
Defendants denied plaintiffs' allegations and asserted various affirmative defenses.
Defendants argued that plaintiff Boone never produced a legally valid entitlement to possession of the marijuana.
Result
The parties agreed to settle for $120,000.
Other Information
Plaintiff's claims for fraud, and violations of the California Business and Professions Code, were dismissed. Additionally, the court specifically found that there was probable cause for both citations and the traffic stop, so there were no improper citations.
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