Case details
Family: Address improperly disclosed in protective order
SUMMARY
$4250000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On Aug. 8, 2017, plaintiffs Vanessa Perez and Elvis Pena, both in their 40s, had an order of protection served to a gang member. The protective order required the gang member to stay 100 yards away from Pena; Perez; Pena and Perez’s adult sons, plaintiffs Joshua Perez, 27, Calvin Perez and Justin Perez; and Joshua Perez’s wife, plaintiff Deana Varo, 25. Ms. Perez and Pena were eating dinner on Temple Street, in Los Angeles, on March 16, 2017, when a member of a gang got into an argument with Pena. Pena and Perez were both assaulted by the gang member. Pena and Perez reported the incident to the police, and the gang member was arrested on April 20, 2017. The Los Angeles County District Attorney’s Office filed assault charges against the gang member, but the gang member posted bail and was released from custody. Since Pena and Perez participated in a live lineup in connection with the criminal case against the gang member, the deputy district attorney, Giovanni Bartoletti, prepared a criminal protective order. However, the order of protection contained the home and work addresses of Pena, Ms. Perez, Varo, and Pena and Ms. Perez’s adult sons, and the protective order was served to the gang member on Aug. 8, 2017. On Sept. 19, 2017, the gang member presented to Joshua Perez’s home and told him to tell his mother, Ms. Perez, not to go to court. Joshua Perez and his wife, Varo, then drove off in their vehicle as the gang member shot at them. As a result, the gang member was arrested again on Sept. 22, 2017, and he was consequently sentenced to state prison. Pena, Ms. Perez; Joshua Perez, Calvin Perez, Justin Perez and Varo sued Bartoletti; The Los Angeles County District Attorney’s Office; Bartoletti’s supervisor, Jackie Lacey; and the county of Los Angeles. The plaintiffs alleged that defendants were negligent for violating their civil and privacy rights. Plaintiffs’ counsel contended the Los Angeles County District Attorney’s Office improperly and illegally disclosed confidential personal information that pertained to the plaintiffs, including their home and work addresses, and names/identities of immediate family members, directly to a documented, violent gang member. Specially, counsel contended that Bartoletti revealed the plaintiffs’ confidential information in a criminal protective order that was served on a known and violent gang member being prosecuted for an assault-and-battery case and that Bartoletti failed to run the order by his supervisor. Defense counsel denied the plaintiffs’ allegations, and disputed the alleged events., When the gang member shot at Joshua Perez and Varo on Sept. 19, 2017, one bullet grazed by the head and left shoulder of Joshua Perez, while three bullets struck Varo in her stomach and one bullet struck one of Varo’s leg. Joshua Perez and Varo were both taken to a hospital. Varo ultimately had a quick recovery. However, as a result of the incident, the entire family had to move residences. The plaintiffs’ entire family claimed that they suffered significant emotional that forced them to relocate and live in constant fear for their lives. As a result, they sought recovery of damages for their emotional pain and suffering.
COURT
United States District Court, Central District, Los Angeles, CA
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