Estate of Jerry Alexander v. County of Los Angeles and Orlando Atencio
Published: Apr. 12, 1997 | Result Date: Mar. 14, 1997 | Filing Date: Jan. 1, 1900 |Case number: CV925661CBM – $0
Judge
Court
USDC Central
Attorneys
Plaintiff
Patrick S. Smith
(Law Office of Patrick S. Smith)
Defendant
Experts
Plaintiff
Norman Sakai
(technical)
Defendant
Stanlee B.K. Mazur
(medical)
Facts
On Aug. 17, 1992, plaintiff Jerry Alexander, a 45-year-old disabled food services employee, was detained at gunpoint and handcuffed by defendant Los Angeles County Sherriff deputy Orlando Atencio as a possible suspect in a nearby street robbery. The plaintiff claimed that the handcuffs were too tight and that he pleaded with the defendant deputy to loosen them. He claimed that the handcuffs were finally loosened by a sergeant 45 minutes later. The plaintiff brought this action against the County of Los Angeles and deputy Atencio based on a violation of civil rights (excessive force) theory of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $100,000. The defendants made a settlement offer of $20,000.
Specials in Evidence
$4,000
Injuries
The plaintiff alleged he suffered swelling, pain and numbness to the right hand and fingers resulting from damage to the radial and median nerves. The plaintiff underwent carpal tunnel surgery in 1995 which he claimed relieved the problem.
Other Information
The verdict was reached approximately five years after the case was filed. The plaintiff originally also sued for the hour-long detention itself, claiming it was an arrest lacking probable cause. On appeal to the Ninth Circuit, the court held in favor of the deputies (Alexander v. County of Los Angeles, 64 F.3d 1315 (9th Cir. 1995). Per the plaintiff, the court found that the deputies were wrong, but that their mistake was not unreasonable. Per the plaintiff, the court reversed in favor of the plaintiff on the issue of qualified immunity for excessive force. The plaintiff died before trial unrelated to this incident and his deposition was read into evidence. Representative of the Estate wanted the plaintiff to have his "day in court."
Deliberation
35 minutes to one hour
Poll
7-0
Length
3+ days
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