Case details

Force used against plaintiff not excessive, defense argued

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
bleed, face, fracture, fractured nose, knees, orbit of right eye, right arm
FACTS
On July 8, 2014, plaintiff Juan Carrillo, 44, was on the premises of his home, located on Glenoaks Boulevard, in Pacoima, when he was stopped and detained by Los Angeles Police Detectives Guerrero and Bucknell. Carrillo was ultimately arrested and placed in the back of a police car by Officer Miranda, who had arrived at the scene. Carrillo was arrested for resisting with violence, but he claimed that three police officers used excess force and battered him during the arrest, alleging causing multiple . Carrillo sued Guerrero; Bucknell; Miranda; and the officers’ employer, the city of Los Angeles. Carrillo alleged that the officers violated his civil rights, in that their actions constituted false arrest, unlawful detainment, and excessive force. He also alleged that the officers’ actions constituted assault, and battery and that the city was liable for the officers’ actions during the course and scope of their employment. Guerrero and Miranda were ultimately dismissed from the case prior to trial, and the matter proceeded to trial against Bucknell and the city. Carrillo claimed that he was lawfully on the premises of his home when Guerrero and Bucknell negligently assessed the circumstances presented to them, and unjustifiably stopped and detained him without having probable cause or reasonable suspicion to believe that he had committed any crime. Carrillo also claimed that at no time did he provoke or threaten the officers, but that, without warning, Bucknell suddenly and unjustifiably assaulted and battered him. He alleged that Bucknell pulled him by his right arm, slammed him down on the ground, placed his knees on his torso, used his hands to smash his head into the ground, and violently punched him in his face and around the head, among other actions. Defense counsel maintained that the police officers had probable cause to stop, detain, and arrest Carrillo. Counsel contended that during the month of June 2014, Guerrero investigated three domestic violence crime reports involving Juan Carrillo’s brother and an adult, female victim and that the incidents occurred at two different locations in Pacoima. Counsel also contended that Guerrero attempted to locate the female victim at her apartment in Pacoima, but that she was not home, and that on July 8, 2014, Guerrero again attempted to locate the victim at the subject’s residence on Glenoaks Blvd in Pacoima. Defense counsel contended that Guerrero and his partner, Buckner, went to the residence in plainclothes, with police badges clearly visible and hanging from their necks on a chain, and that upon arriving at the residence, Guerrero observed a man matching the description of the domestic violence suspect in the front yard of the residence. Once the suspect was identified, the officers opened the front gate to the yard and started walking toward him in an attempt to stop him from entering the house, as they feared the suspect might be going into the house to harm the victim or to arm himself. After Guerrero and Bucknell caught up with the suspect and detained him, the suspect began trying to pull his arms away from their grasp and attempting to re-enter the home. As a result, the officers handcuffed the suspect and walked him out of the front yard area to the sidewalk. Defense counsel contended that after the suspect was handcuffed and brought to the sidewalk, Carrillo, who appeared intoxicated, came toward the officers and yelled, “You don’t have no search warrant! Get out of here! You can’t be here! Why are you taking my brother and disrespecting my family?” Defense counsel maintained that the officers directed Carrillo to back away and once again identified themselves as police, but that Carrillo, who was holding a cell phone in his left hand, continued advancing toward the officers to the point where he was approximately 10 feet away from them. Counsel contended that Guerrero yelled for Carrillo to stop and that Carrillo took a step back and reached toward his rear waistband. Defense counsel argued that based on his training and experience, and knowledge that the suspect, Carrillo’s brother, was a gang member, and knowing that gang members often carry or conceal firearms in their rear waistband, Guerrero believed that Carrillo was arming himself. As a result, Guerrero drew his gun and ordered Carrillo to get on the ground. Counsel contended that Guerrero then requested backup units to respond to the location. Defense counsel asserted that Carrillo began to aggressively walk toward the officers while threatening them and telling them to shoot him. However, counsel contended that when it was observed that Carrillo did not have a firearm in his hand, Guerrero re-holstered his weapon. Counsel also contended that at that point, Carrillo had placed himself between his handcuffed brother and Guerrero. Defense counsel asserted that Carrillo then yelled out in Spanish for someone to come there and help him, after which a second male appeared. Counsel also asserted that Carrillo continued to advance toward the officers, refused orders to back away, and continued to try to force himself between the officers and his handcuffed brother. Thus, counsel contended that the officers believed Carrillo and the second man were going to forcibly try to remove the suspect from their custody. Defense counsel argued that because Carrillo continued to interfere with the arrest of his brother, the officers decided to detain him. As a result, Bucknell ordered Carrillo to turn around and place his hands behind his back so that they could be handcuffed, but that Carrillo allegedly ignored his commands. Defense counsel contended that Guerrero then grabbed Carrillo’s right arm in order to try to handcuff him, but that Carrillo slipped away. Counsel asserted that during that incident, the handcuffed suspect fled from the location, causing Guerrero to pursue the suspect while Bucknell conducted a leg sweep of Carrillo, taking him to the ground. Defense counsel maintained that once on the ground, Carrillo continued to struggle and fought with Bucknell, who responded by punching Carrillo several times in an effort to control him and get him to stop fighting so that he could be handcuffed. Counsel contended that Miranda then arrived at the scene in response to the call for back up and assisted Bucknell with taking Carrillo into custody. Counsel argued that Miranda placed Carrillo into the rear of her police vehicle and then observed Carrillo hitting his head on the left passenger window, causing the window to fall out and his face to bleed. Defense counsel further argued that Carrillo also kicked out the right rear window of the vehicle. A perimeter was eventually established with K-9 units dispatched to locate the suspect, who was eventually apprehended in rear of a residence on Glenoaks Boulevard and taken into custody. Defense counsel further maintained that Carrillo was charged with California Penal Code § 69, a felony for “resisting an executive officer,” and Penal Code § 4550, the”rescuing a prisoner” law, which states that it is a crime to rescue, or to attempt to rescue, a prisoner from any jail or prison facility, or from law enforcement custody generally. Thus, defense counsel argued that Bucknell’s actions were appropriate in response to Carrillo’s threats, resisting arrest, and attempts to “rescue” his brother from police custody., Carrillo sustained a fracture of the orbit of his right eye and a fractured nose. He was subsequently taken to a nearby emergency room after his arrest. Carrillo also claimed that he suffered from anxiety, humiliation, and mental anguish as a result of the events. Thus, Carrillo sought recovery of an unspecified amount of compensatory damages.
COURT
United States District Court, Central District, Los Angeles, CA

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