Case details
Deputies used excessive force in response to protest: inmates
SUMMARY
$950000
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
ankle, back, blunt force trauma to the head, face, facial, facial laceration, fracture, head, leg, limp, lower back, nose
FACTS
On Aug. 25, 2008, several inmates, including plaintiffs Heriberto Rodriguez, Carlos Flores, Juan Trinidad, Erick Nunez and Juan Carlos Sanchez, were protesting conditions at Men’s Central Jail in Los Angeles by barricading themselves in their cells, starting fires, breaking toilet fixtures and throwing shards of the broken porcelain. As a result, 27 Los Angeles County Sheriff’s Deputies extricated 21 inmates from their cells in the high security of wing of the jail, resulting in 19 of the inmates being sent to a hospital. Five of the inmates allegedly injured in the altercation (Rodriguez, Flores, Trinidad, Nunez and Sanchez) sued the county of Los Angeles and the Los Angeles Sheriff’s Department, as well as Captain Daniel Cruz, Lieutenant Christopher Blasnek, Sergeant Matt Onhemus, Sergeant Michel McGrattan, Sergeant Kelley Washington, and 24 deputies involved in the altercation. The five inmates alleged that the defendants used excessive force in violation of their Eighth Amendment rights, constituting cruel and unusual punishment and malicious and sadistic conduct. Plaintiffs’ counsel contended Cruz encouraged his deputies to engage in a systematic use of force, which was initiated by concussion grenades being thrown into the cells, and then followed by the deputies punching, kicking, and shocking inmates with Tasers. Counsel also contended that the fires were extinguished and that the inmates had stopped throwing shards of porcelain at least two hours before the deputies extracted them from their cells. Thus, plaintiffs’ counsel argued that the planned use of extraction and force was torturous, and that more reasonable uses of force were available in the extraction of the inmates, considering they outnumbered the inmates during each individual extraction. Counsel also argued that the deputies were trained to use minimal force and to not engage in any form of cruel punishment, but that the defendants violated the law. Defense counsel disputed the inmates’ claim that excessive force was used, as well as disputed that the defendants’ actions constituted cruel and unusual punishment or malicious and sadistic conduct. Counsel contended that the inmates in the high security wing, units 3100 and 3300, were the most violent in the Los Angeles County jail system. Counsel also contended that the sharp porcelain shards being thrown by the inmates served as dangerous weapons and that the forced extraction was highly dangerous for the deputies., The five inmates, Rodriguez, Flores, Trinidad, Nunez and Sanchez, all claimed that they were injured during the altercation. Rodriguez claimed he suffered blunt force trauma to his head, causing a loss of consciousness, as well as a laceration. He also claimed that his lower back was injured from being stomped on and that he requires orthopedic shoes to alleviate the pain. Flores lost consciousness during the altercation, and suffered comminuted fractures to his nose and the orbital floor of his right eye, causing the muscles to seep into his cheekbone. He subsequently underwent surgery for his . Flores claimed his caused an exacerbation of his pre-existing seizure disorder. Trinidad claimed he suffered a fracture of his lumbar spine, as well as a fracture of his right hand, for which he underwent surgery. He alleged that he continues to suffer residual lower back pain, as well as difficulty using his right hand. Nunez claimed he suffered a fracture of his right ankle, for which he did not undergo any surgery. He alleged the injury affects his mobility and his ability to work out and play sports. Sanchez claimed fractures of his nose and left ankle. He subsequently underwent surgery for his ankle fracture, but he alleged he was left with a residual limp and pain during cold weather. According to plaintiffs’ counsel, during voir dire, the jury expressed a reluctance to grant damages to incarcerated inmates. In response, plaintiffs’ counsel did not specify any amount for compensatory damages and left it entirely up to the jury’s discretion. In addition, counsel asked the jury to award the plaintiffs punitive damages for the defendants’ alleged malicious conduct. Defense counsel disputed the severity of several of the inmates’ alleged . Counsel argued that Rodriguez did not suffer any head injury and that Trinidad did not suffer any fractures. Counsel also argued that Flores’ pre-existing seizure disorder was not exacerbated by his head .
COURT
United States District Court, Central District, Los Angeles, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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