Case details

Defense: Plaintiff’s injuries unrelated to police incident

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, tear anterior cruciate ligament of right knee, tear left shoulder's rotator cuff
FACTS
On April 12, 2013, at approximately 1 a.m., plaintiff Onyekachi Ibekwe, 32, a professional international basketball player, was picking up a friend at the Los Angeles International Airport. Ibekwe parked his vehicle next to a white curb, but left after a Traffic and Safety Officer, Joseph White, approached him and told him it was illegal to park next to the curb. Ibekwe circled around the parking lot, but when he returned, he parked in the same illegal spot. As a result, he was again approached by White and told to move his vehicle. A confrontation ensued, and White contacted the Los Angeles Airport Police to report that Ibekwe had threatened him with a gun. Ibekwe was subsequently arrested and searched by police, during which he allegedly sustained of a shoulder and a knee. Ibekwe sued the traffic and safety officer, Joseph White; White’s employer, Los Angeles World Airports; and the responding airport police officers, Officer David Ayala, Officer Jimmy Mercado, and Sergeant Jorge Montenegro. Ibekwe alleged that the defendants violated his civil and constitutional rights under a theory of excessive force, in violation of 42 USC § 1983. He also alleged causes of action for negligence, battery, slander, and violation of the Bane Act. The civil rights claims against Los Angeles World Airports were ultimately dismissed on summary judgement. In addition, the claims against Ayala, Mercado and Montenegro were dismissed on motions to dismiss based on qualified immunity. Thus, the matter proceeded to a trial against White only on claims of excessive force and negligence. Ibekwe denied threatening to shoot White or threatening the officer at all. Ibekwe claimed that White falsely reported a gun threat to airport police and that the responding officers used excessive force when executing his arrest. Thus, he contended that he should not have been subjected to the unlawful search and false arrest. Plaintiff’s counsel argued that no gun was found when Ibekwe’s vehicle was searched. Counsel also noted that the Los Angeles County District Attorney’s office declined to press charges against Ibekwe, but, rather, charged Ibekwe for violating Penal Code § 422 (Criminal Threats). Two of the responding police officers who had been dismissed from the case, Mercado and Montenegro, testified that prior to Ibekwe’s arrest, the police officers did not conspire with the traffic and safety officer (White) to use any level of force or aggression when they confronted Ibekwe. Defense counsel argued that Ibekwe threatened to shoot White, and that the arrest and search of Ibekwe, and the force used to execute Ibekwe’s arrest, were reasonable under the circumstances., Ibekwe claimed that he sustained a tear of his left shoulder’s rotator cuff and a tear of the anterior cruciate ligament of his right knee. He subsequently sought medical treatment approximately three months after the incident and received an MRI of his left shoulder and right knee, but did not receive any other treatment. Ibekwe claimed that the to his shoulder and knee occurred when the police officers lifted him from the ground while in handcuffs. He further claimed that the effectively ended his career as an international professional basketball player. The plaintiff’s treating orthopedic recommended that Ibekwe undergo surgery to repair the damage to his right knee. The plaintiff’s expert in international professional basketball testified that Ibekwe was on an upward trajectory in his basketball career and that Ibekwe would have made an estimated $65,000 per year, for five additional years, totaling approximately $325,000 in lost wages. Thus, Ibekwe sought recovery of over $300,000 in past lost earnings, and additional damages for his pain, suffering, and emotional distress. Defense counsel argued that Ibekwe’s were unrelated to the incident and were not caused by the police officers who executed his arrest. Counsel also argued that Ibekwe had sustained a number of pre-existing before the incident, including a tear of his right knee’s ACL. Counsel further noted that Ibekwe’s treating physician had previously recommended that Ibekwe undergo surgery of his right knee more than a year before the incident. Two of the police officers who responded to the incident testified that Ibekwe did not complain of shoulder pain or knee pain while he was in handcuffed, even when asked by officers if he was ill, sick, or injured. The defense’s orthopedic surgery expert opined that Ibekwe could not have sustained a torn rotator cuff in his left shoulder while he was handcuffed and that Ibekwe’s were the result of degenerative conditions, and not an acute injury. In addition, defense counsel argued that Ibekwe had not played for a professional international basketball team for 16 months before the incident and that Ibekwe had been kicked off of his team for poor performance. Counsel further maintained that Ibekwe’s future earnings prospects as a professional international basketball player were limited. The defense’s expert in international professional basketball opined that there were significant gaps in Ibekwe’s basketball employment records, which raised red flags about Ibekwe’s continuing employment prospects. The expert further opined that Ibekwe’s career was on a downward trajectory and that Ibekwe’s future earning capacity was too speculative to estimate. Thus, the defense’s expert concluded that it was unlikely that Ibekwe would have been able to secure a position with an international professional basketball team.
COURT
United States District Court, Central District, Los Angeles, CA

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