Case details

Defense argued jail incident never occurred

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
face, jaw, nose
FACTS
On June 25, 2009, plaintiff Ian Saunders, 22, a student, was being detained at the Los Angeles County jail due an arrest 10 days prior for violating a restraining order obtained by his ex-girlfriend. He claimed that at approximately 8 p.m., while waiting on the pill call line to receive medication, he was attacked by four deputy guards. He claimed to his jaw, left side, hands, right thigh and right ankle. Saunders sued the county of Los Angeles, as well as Deputy Christo Cenderelli, one of his alleged assailants. He alleged that the defendants used excessive force and failed to summon medical care in violation of his civil rights. He also served the other three deputies he claimed attacked him, but could not accurately identify them at their depositions. Thus, the three other deputies were voluntarily dismissed from the case. Saunders claimed that after a nurse made comments about him holding up the pill call line, he was approached by deputy guards, who took him aside and beat him up against a wall. He alleged he was struck over 30 times with fists about the upper body, head and face. He also alleged that after being attacked, his request for medical care was ignored in violation of his civil rights. The defendants denied all of the plaintiff’s allegations, claiming the alleged incident never happened. The nurse on call on June 25, 2009, claimed she didn’t make the statement about Saunders holding up the line, and never would have made such a statement. Defense counsel contended that there were several inconsistencies with Saunders’ account of the alleged incident, most notably that the plaintiff originally said it occurred on June 23, 2009, and then changed the date a total of six times. Counsel further contended that Saunders had no proof that Cenderelli was involved in the alleged incident, and that the plaintiff only settled on claiming the incident took place on June 25, 2009, because the deputy was on duty that day., Saunders claimed he sustained permanent to both hands and his jaw’s left temporomandibular joint, as well as permanent to his right thigh, right ankle and left side of his body. He further claimed he briefly lost consciousness after the alleged attack. Shortly after being released from prison in early July 2009, Saunders treated with an emergency room physician, who could not diagnose any injury. He then followed up with another doctor six months later. Saunders claimed that he still experiences some residual pain to his jaw and hands. He also claimed he suffered from psychological as a result of the incident. Thus, he asked the jury to award $30,000 in general damages. Defense counsel contended that despite Saunders’ claim that he was struck over 30 times during the alleged attack, he was left with no visible bruising, which was confirmed by the emergency room physician he saw after being released from prison. Counsel also asserted that Saunders had jaw pain from having teeth extracted prior to the alleged incident. Defense counsel further contended that when Saunders treated with a doctor six months after being released, the plaintiff claimed he was experiencing pain from a sports injury six months earlier.
COURT
United States District Court, Central District, Los Angeles, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case