This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Civil Rights
Excessive Force
Assault and Battery

Nisaa Madyun, Hanif Madyun, Imani Madyun, Bukhari Madyun v. Los Angeles Unified School District, City of Los Angeles, John Taylor, Andre Plummer,

Published: Jun. 23, 2007 | Result Date: May 16, 2007 | Filing Date: Jan. 1, 1900 |

Case number: 05-CV-8210-VBF-E Verdict –  Defense

Court

USDC Central


Attorneys

Plaintiff

Zshonette L. Reed
(Lorden & Reed)

Carl E. Douglas
(Douglas Hicks Law APC)


Defendant

Rachel M. Pimentel

Colleen Duffy-Smith

Calvin R. House
(Gutierrez, Preciado & House LLP)

Cory M. Brente
(Office of the Los Angeles City Attorney)


Experts

Plaintiff

Ashwin Deshmukh
(medical)

Defendant

Robert M. Wilson M.D.
(medical)

Facts

As he was leaving the Crenshaw High School gym after watching a varsity basketball game between Crenshaw and Dorsey High, Hanif Madyun did not follow directions to depart the campus in an indicated direction and was detained by LAPD Officer Andre Plummer. His sister Imani became upset about what she saw, and was restrained by LAUSD Police Officer John Taylor. Mother Nisaa Madyun and younger brother Bukhari Madyun suffered emotional distress from observing the police actions.

Contentions

PLAINTIFFS' CONTENTIONS:
The plaintiffs were exiting the gym in single file when Hanif, who was last in line, was grabbed by Officer Plummer and at least three other officers. The officers punched, twisted, pushed and pulled Hanif and slammed his chest into the wall. At the time the plaintiffs were exiting the gym, all the officers were casually leaning on their cars talking. There was no skirmish line and there were no officers directing traffic at the time the plaintiffs exited the gym.

The plaintiff also contended that while Imani was standing next to a Crenshaw High School campus aid watching the assault of her brother, Officer Taylor grabbed her from behind, slammed her to the ground face first and struck her on her knee with his baton at least twice. Imani had undergone knee surgery five weeks prior to the incident and that was the first day she was able to walk without the assistance of crutches. She was physically unable to run that evening. As a result of the baton blows, Imani had to undergo a second surgery on her knee.

DEFENDANT’S CONTENTIONS:
Officer Plummer contended that the police had formed a skirmish line to direct the departing crowd to depart the campus in a particular direction for security reasons. Hanif refused to follow the directions, was then detained with a firm grip, and ushered off to the side. There was no excessive force.

Officer Taylor contended that Imani ran toward, and then reached out and touched Officer Plummer. Concerned about officer safety, Officer Taylor pulled Imani back, and she stumbled and fell to the ground. He deployed his baton and directed her to stay down. He did not strike her with his baton, and did not throw her face first to the ground.

Result

Before trial, the court granted summary judgment dismissing the school district because it is not subject to suit in federal court. As trial began, the plaintiffs dismissed all their claims against the city. The court granted judgment as a matter of law dismissing negligent infliction of emotional distress claims brought by Nisaa, Imani and Bukhari. The jury unanimously found for Officer Plummer on Hanif's claims for excessive force under section 1983 and battery. The jury unanimously found for Officer Taylor on Imani's claims for excessive force under section 1983, battery and assault.

Deliberation

3.5 hours

Length

nine days


#98563

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390