Case details

Family claimed police falsely arrested them

SUMMARY

$50000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On June 11, 2004, plaintiff Cesar Otero 25, a delivery truck driver, and plaintiff Fernando Quintana Jr., an unemployed 23 year old, were standing in their front yard on Anzac Avenue, in Los Angeles, with two friends when police started showing up. Otero and his nephew, Fernando Quintana Jr., lived at the home with Otero’s wife, plaintiff Diana Rayos, 20; Fernando Quintana Jr.’s father (Otero’s brother), plaintiff Fernando Quintana Sr., 48, who did building maintenance; and Fernando Quintana Jr.’s sister (the daughter of Fernando Quintana Sr.), plaintiff Judy Quintana, 21, a student. Ms. Quintana and Rayos were across the street at Rayos’ mother’s home, while Fernando Quintana Sr. was at another neighbor’s home when the police showed up. Earlier that day, police officers Jeffrey Bright and Eric Young, of the Los Angeles Police Department Southeast Division (Watts), spotted a stolen pickup. A short chase ensued, but the pickup crashed into parked cars. One of the occupants then fled the scene, while a passenger hid beneath the wreck and was not noticed by the police. As a result, the police broadcast a foot pursuit and called in the Metro Division and Air support to assist in finding the suspect. Police officers then began to show up near Anzac Avenue, and a perimeter was formed. As the police were showing up, two unidentified officers with K-9s passed by the Otero/Quintana/Rayos residence while Otero, Fernando Quintana Jr. and two of their friends were in the front yard, located within the perimeter. The police subsequently asked them to move to the back. Several officers, including Bright and Young, then entered the Otero/Quintana backyard with guns out and shouting orders to get on the ground. As a result, Rayos came onto the scene in the backyard and demanded a warrant and an explanation, but no one responded. An officer then allegedly shoved Rayos, who was pregnant, into Ms. Quintana and directed Rayos to be arrested. Ms. Quintana subsequently became upset about Rayos being shoved, along with the refusal of any cop to answer her questions about what was going on and who to call to find the answer. As a result, Fernando Quintana Sr. took Ms. Quintana to the kitchen door of their house, but they allegedly witnessed Young, Bright, and two other officers beating up Otero. Fernando Quintana Sr. and Ms. Quintana claimed that while they were by the kitchen door, they were approached by a sergeant who asked for consent to search the house. The Quintanas denied consent, but despite their denial, Young, Bright, another officer, and a K-9 allegedly entered their house to resume a search. The Quintanas claimed that they were then handcuffed, removed from the front yard, moved across the street, and told not to look back. However, the Quintanas claimed that they did look back and saw officers inside their house rummaging around. Fernando Quintana Sr. and Ms. Quintana were eventually driven from Anzac Avenue to a command post on East 109th Street and Wilmington Avenue, in Los Angeles. However, they claimed that they were not told why they were brought there or if they are being arrested. They claimed they were then driven to the southeast division and held there until they are moved to 77th Street for booking at 6 a.m. Fernando Quintana Sr., Fernando Quintana Jr., Ms. Quintana, Otero, and Rayos were all ultimately booked for allegedly violating California Penal Code § 148 for willful obstruction, delay, resistance of peace officer for refusing consent, and causing delay. They were all later bailed out, and no charges were ever filed. They alleged that the officers presumed that one of the four males in the front yard might have been the driver who ran away, but Otero, Fernando Quintana Jr. and their two friends was never one of the perpetrators for whom the police were looking. The real perpetrator was allegedly never found at that time. Fernando Quintana Sr., Fernando Quintana Jr., Ms. Quintana, Otero, and Rayos sued the police officers’ employer, the city of Los Angeles. Bright, Young, and several other officers were later added as defendants. The matter proceeded to trial in September 2010. Ms. Quintana claimed that an officer used excessive force against her; Otero and Fernando Quintana Jr. claimed Bright, Young and three other officers used excessive force against them; and all five plaintiffs claimed they were falsely arrested. On Sept. 20, 2010, the jury rendered a defense verdict. As a result, plaintiffs’ counsel moved for a new trial, but it was only granted as to Ms. Quintana and Fernando Quintana Sr., and only as to the claims of false arrest under federal and state law. During the retrial, plaintiffs’ counsel contended that the incident was witnessed by all officers and supervisors on the scene, but that the officers and supervisors later claimed they arrived only after the alleged uses of force and saw nothing wrong. However, plaintiffs’ counsel contended that a neighbor recorded a 17-second video clip to prove that everyone was present to impeach the officers’ and supervisors’ denials of seeing or hearing any alleged abuses. Plaintiffs’ counsel argued that none of the Quintana family members were in any way connected to the traffic accident or officers’ search and that they heard the crash when it happened two hours earlier. In addition, counsel argued that although an officer later claimed that Rayos was arrested for battering him when she entered the backyard, this was a total fabrication. The defendants denied searching the house and contended that their actions were not unreasonable., Otero received medical treatment while in custody. The plaintiffs all claimed that they were falsely arrested and that they suffered emotional distress as a result of the incident. Ms. Quintana and Fernando Quintana Sr. also noted that they had never been arrested before or since the incident, and that since their booking photos and booking records are permanent, it should be calculated into damages. The plaintiffs sought recovery for their loss of liberty and emotional distress, secondary to the abuses they alleged suffered. Thus, plaintiffs’ counsel asked the jury two award $50,000 in damages for both Ms. Quintana and Fernando Quintana Sr.
COURT
United States District Court, Central District, Los Angeles, CA

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