Facts

In October 1996, plaintiff Javier F. Ovando was in a run down apartment building, which the police had under surveillance for criminal activity. Two officers entered the building and shot Ovando several times, paralyzing him. The officers claimed Ovando had pointed a semiautomatic rifle at them.

Ovando was charged with two counts of assault on a peace officer and one count of brandishing a firearm in the presence of police. Deputy public defender Tamar Toister was assigned to defend Ovando. Ovando did not testify in his own defense and Toister did not present any witnesses. Toister did cross-examine the officers' testimony about the shooting, attempting to show the more dubious aspects of the officers' stories.

The jury found Ovando guilty on all counts. On May 7, 1997, he was sentenced to 23 years and four months in prison.

While Ovando was in prison, one of the officers involved in Ovando's case was arrested for attempting to remove cocaine from police evidence. As part of a plea bargain, the officer began divulging misconduct within the department. He also revealed that Ovando was unarmed when shot, and that the officers planted a weapon and presented a false account of what occurred. Ovando's conviction was vacated.

Ovando sued the city of Los Angeles, the two officers, and police department officials for civil rights violations. The case settled. Ovando then sued Toister and the county of Los Angeles alleging legal malpractice.

Damages

Ovando sought recovery for false imprisonment.

Result

The county settled with Ovando for $750,000.

Other Information

Ovando's case against the county was initially tried in 2005, and the jury found in favor of Ovando. The court, however, granted the defense's motion for new trial due to juror misconduct and failure to apportion fault to the police officers. Ovando appealed. The appellate court affirmed the order for new trial and remanded the case for retrial of all issues. The parties then settled.