Case details
Defense: Jail deputies used appropriate force against plaintiff
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
emotional distress, mental, neurological, psychological, radicular pain, radiculitis
FACTS
During the early morning hours of April 19, 2014, plaintiff Elena Grant, 46, was arrested by the Newport Beach Police Department for allegedly driving under the influence of alcohol. Eventually, Grant was transported to the Orange County jail, where she claimed Deputies Olivia Coco, Stacia Russell, and Terra Carrillo subjected her to physical and psychological abuse. Grant also claimed to her lower back and legs. Grant sued Coco; Russell; Carrillo; and the deputies’ employer, the county of Orange. Grant alleged that the defendants’ actions constituted excessive force in violation of her constitutional rights, and battery, negligence, and intentional infliction of emotional distress in violation of state law. Deputy Anthony Franco was also named as a defendant, but he was ultimately removed from the case. In addition, the county was dismissed from the case prior to trial by way of a dispositive motion. Thus, the matter proceeded to trial against Coco, Russell and Carrillo only. Grant claimed that Coco, Russell and Carrillo questioned her accent and threatened to have her deported. She also claimed that the guards pushed, twisted, and kneed and elbowed her to the ground. In addition, she claimed that, thereafter, she was needlessly kicked and dragged by her hair. The deputies denied Grant’s allegation that they had some type of unlawful bias against her. Defense counsel contended that the deputies’ decisions in regard to their use of force were at all times reasonable and lawful given the tense, rapidly evolving circumstances they faced., Grant claimed the deputies pressed on her back and kicked her in the lower back, causing her to sustain an aggravation of a prior nerve injury and resulting in pain in her legs. She also claimed that she suffered from emotional distress as a result of the incident. Grant alleged that the incident prevented her from launching an internet software program, causing her to miss out on millions of dollars in profits. Defense counsel disputed Grant’s alleged and damages, and noted that plaintiff’s counsel did not call a retained expert as a witness to support Grants allegations.
COURT
Superior Court of Orange County, Orange, CA
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