Case details

Defense claimed police officer acted in self-defense

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
bruise, face, nose
FACTS
On Feb. 4, 2015, plaintiff Zennea Foster, 37, a special education assistant, went to a home she owns on South Denker Avenue, where a stabbing occurred during a dispute between two of her tenants. At around 10:45 p.m., about eight Los Angeles Police Department officers arrived at the scene, some armed with shotguns. Foster, who was born with Erb’s palsy, which limits the use of her left arm and hand, attempted to intervene, but she was allegedly struck by one of the officers before other officers attempted to restrain her. Foster claimed the officers used excessive force in their attempt to restrain her. Foster was charged with battery on a police officer, a misdemeanor in violation of California Penal Code § 242. She was also charged with resisting, obstructing or delaying an officer in the performance of his duties in violation of California Penal Code § 148. Foster sued the officers’ employer, the city of Los Angeles; Sergeant Neil Wank; and Los Angeles police officers Andre Burton, William Chamberlain, Darryl McGreggor and Marcus Moreno. Foster alleged that the officers were negligent in the use of unreasonable force, in violation of her civil rights. McGreggor was dismissed prior to trial and Wank was dismissed during trial. The matter continued against the city, Burton, Chamberlain and Moreno. Foster claimed that she contacted the tenant being sought for the stabbing and offered her phone to one of the officers so that he could talk to the man, but Burton intervened and struck her. She claimed she struck Burton back, and Burton retaliated by hitting her again. Foster, who is disabled, claimed that after she fell to the ground, other officers joined in and began kicking her and battering her with unreasonable force. She further claimed that the officers struck her with their knees and elbows and that her legs were later hobbled. Defense counsel argued that the officers did not know that Foster was disabled and that Burton struck Foster back in self-defense. Counsel also argued that at the moment Foster intervened, the officers did not know if the perpetrator was in the house or whether the perpetrator was armed with a knife or gun., Foster suffered bruising to her face. She was taken by officers to a hospital, where she was medically cleared for booking. According to defense counsel, plaintiff’s counsel asked the jury to award Foster $5 million in total damages.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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