Paul Provda v. Paul Kramer, City of Beverly Hills
Published: Jul. 13, 2002 | Result Date: May 3, 2002 | Filing Date: Jan. 1, 1900 |Case number: CV985149NM Verdict – $0
Judge
Court
USDC Central
Attorneys
Plaintiff
Defendant
Gregory E. Stone
(Stone Dean LLP)
Experts
Plaintiff
Charles Duke Jr.
(technical)
Robert I. Spector
(medical)
Cathy Lee Coffman
(medical)
Defendant
Ronald M. McCarthy
(technical)
Facts
On June 11, 1996, the defendant, Officer Paul Kramer, was patrolling Beverly Hills in his capacity as a
uniformed motorcycle police officer. He observed the plaintiffÆs vehicle parked in a street with an expired
registration.
Officer Kramer radioed in to the DMV to confirm the registration was expired and to determine if there were
any warrants or outstanding parking violations. He was advised that there were approximately eight unpaid
parking tickets totaling $846 which attached to the vehicle.
At that point, Officer Kramer called for a tow truck to impound the plaintiffÆs vehicle. While Officer Kramer
was completing the necessary paperwork and awaiting the tow truck, an employee of the plaintiffÆs son who
worked at the residence approached the officer to inquire what was being done with the vehicle.
At that point, the employee requested that she remove certain items from the vehicle before it was impounded.
The officer complied.
The employee then went back into the plaintiffÆs residence. Shortly thereafter, the plaintiff awoke from a nap
that he was taking due to his recovery from several prior surgeries including, but not limited to a kidney
transplant, quadruple bypass surgery, a stroke and a femoral artery leg surgery just two to three weeks prior to
the incident.
The plaintiff exited his house wearing only a bathrobe and grabbed his keys. He stated that he did not see the
police officer behind the vehicle and simply saw a ticket on the vehicle. The plaintiff contended that the City of
Beverly Hills regularly tickets on multiple occasions automobiles and that it was simply his intent to move the
vehicle a few feet into his driveway to avoid another ticket.
As the plaintiff was approaching his vehicle with keys in hand, Officer Kramer contended that he warned the
plaintiff not to enter the car.
The plaintiff stated there was no such warning.
The plaintiff then got into the car and began to move the car, at which time Officer Kramer shouted through the
window to turn off the engine. The plaintiff complied. At that point, Officer Kramer, opened the door and
ordered the plaintiff out of the vehicle.
Officer Kramer, before the plaintiff was able to comply, grabbed the plaintiff, with his left hand under the chin,
while his right hand was behind his skull, and rotated the plaintiff out of the car putting the plaintiff face first
onto the pavement.
At that point, Officer Kramer put the plaintiff in a wrist lock hold while the plaintiff was face down on the
pavement. Several witnesses advised the officer that the plaintiff had serious medical ailments and that an
ambulance should be called.
Officer Kramer immediately called for an ambulance as well as back up.
Minutes later, paramedics arrived and examined and treated the plaintiff at the scene and then transported him
to the Century City Hospital where he was examined and subsequently released. The plaintiff then sought
medical attention from his private doctor.
After the incident, the plaintiff went to the Beverly Hills Police Dept. to complain about Officer KramerÆs
conduct.
He contended that Officer Kramer used excessive force and otherwise battered and tried to inflict serious injury
upon his person.
Having heard about these complaints, Officer Kramer filed a civil claim for, amongst other things, defamation
against the plaintiff.
Based upon the allegations, the police department through its Internal Affairs Investigation Dept., investigated
the claim including interviews of witnesses and determined that the alleged conduct against Officer Kramer
was "unfounded."
The plaintiff then demurred to KramerÆs civil defamation claim against him. While the demurrer was pending,
KramerÆs then attorney voluntarily dismissed the action against Paul Provda.
About the same time, a criminal hearing was set for the prosecution of the plaintiff for a violation of Penal
Code Section
Settlement Discussions
The defendant originally discussed settling at or about $40,000, but the plaintiff had informally advised that nothing "less than six figures" would be acceptable.
Damages
The plaintiff additionally claimed emotional distress, punitive damages and attorneys fees.
Injuries
Neck, back, leg and shoulder, soft tissue injuries, multiple bruises, black eye, aggravation of pre- existing surgery and emotional distress.
Other Information
The first trial was held in November 2000 wherein all three causes of action were heard by the jury and the jury rendered unanimous verdicts in favor of Officer Kramer on the claims of civil malicious prosecution and criminal malicious prosecution. The jury was deadlocked at 7-1 in favor of Officer Kramer on the claim for 42 U.S.C. Section 1983, excessive force. In May 2002, the case was retried as it relates to the excessive force (42 U.S.C. Section 1983) only. The jury was deadlocked 7-1 in favor of Officer Kramer on the claim of excessive force. In May 2002, the case was retried as it relates to excessive force only. The jury returned its verdict 8-0 in favor of Officer Kramer on this claim in the subsequent trial. A mediation was held before USDC Magistrate Judge Stephen J. Hillman. (Officer Kramer also was involved in an incident with actress Zsa Zsa Gabor in 1989. Officer Kramer pulled over Gabor and discovered that her license and registration were expired. Gabor drove away while Kramer was waiting for confirmation of the expiration. Kramer gave chase, pulled her over and asked her to leave the vehicle. He was promptly slapped by Gabor. Gabor was convicted of battery of a police officer and sentenced to 72 hours in jail.)
Deliberation
two hours (first trial), 30 minutes (second trial)
Length
eight days (first trial), four days (sec
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