Confidential
Settlement – $140,000Judge
Court
USDC Central
Attorneys
Plaintiff
Defendant
John A. Wright
(Office of the Los Angeles City Attorney)
Cory M. Brente
(Office of the Los Angeles City Attorney)
Experts
Plaintiff
Alberto Luper
(technical)
Facts
On Aug. 15, 2001, at approximately 9:00 p.m., a gang shooting in the Las Feliz area occurred. The plaintiff
Carmen de La Pena, a 60-year-old female, was in church services at the time of the shooting. Subsequent to the
shooting, the plaintiff was escorted to her car, which was parked nearby, by two male members of the
congregation. The defendants received a call from an unknown source shortly after 9:00 p.m. identifying the
plaintiffÆs car and the plate number as having been involved in a drive-by shooting. The defendants ran the
plate and established that the plaintiff lived within three blocks of the Northeast Division Police station. The
defendants commenced a field investigation of the shooting. In the process, considerable exculpatory
information was discovered which indicated that the plaintiff wife was unlikely to have been a participant in a
driveby shooting.
The defendants, shortly after midnight on Aug. 16, 2001, went in force to the plaintiffsÆ residence and did a
call-out of the plaintiffs at gun point. Their home and automobile were searched and the vehicle impounded. A
field interrogation without Miranda warnings was conducted on the plaintiff, Carmen De La Pena, who was
then transported to Northeast Division station. On the way, the plaintiff Carmen De la Pena became ill. All of
the foregoing activities were done without warrant or consent.
Upon arrival at Northeast Station, and initial attempts to move Carmen De La Pena from the police car to the
station, it was determined that she was ill and paramedics were summoned. She was diagnosed with very high
blood pressure and taken in handcuffs to the hospital where she remained handcuffed and underguard during
treatment for the next three hours. The plaintiff, Nick de La Pena, was released after approximately one-half
hour.
The pastor of the plaintiffsÆ church called the Northeast Police station shortly after midnight and attempted to
explain to the defendants that Carmen De La Pena had been in church at the time of the shooting. According to
the pastor, his information was ignored and he was rudely treated. Eventually, Nick de La Pena and the pastor
contacted several witnesses who went to the police station and explained to the defendants that Carmen de la
Pena had been in church at the time of the shooting. After some further delay, Carmen De La Pena was
released from police custody at the hospital at which she was being treated.
Settlement Discussions
The case was settled for an award of $140,000 plus attorneys' fees.
Other Information
Discovery was extensive and strenuously contested by the defendants. Multiple discovery stipulations were required. The defendants moved for summary judgment. The plaintiffs opposed motion for summary judgment and cross-moved for summary judgment. On Jan. 3, 2002, after consideration of the moving parties papers, the court found in favor of the plaintiffs on substantially all the plaintiffsÆ Fourth Amendment claims and related state torts, against all the defendants, including Chief Bernard Parks. Thereafter, the plaintiffsÆ counsel made a motion pursuant to 42 U.S.C. Section 1988 for partial fees. This motion was initially opposed by the defendants. The case was transferred within the City AttorneyÆs office and was subsequently settled.
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