Case details
Inmate claimed deputies beat him in the jail yard
SUMMARY
$165000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
arterial, chest, face, facial, fracture, impairment, mental, mental impairment, nose, psychological, rib, sensory, speech, tinnitus, vascular, vision
FACTS
In June 2016, plaintiff Gerald Friends, 65, a retiree, was awaiting arraignment for a week at the San Joaquin County Jail after being arrested. He claimed that one day, he was taken to the jail yard by Deputies Hernandez and Oram, and was beaten all over his body. Friends claimed that the deputies then tried to cover up the beating. He claimed to his face, chest, hands and neck. Friends sued Hernandez; Oram; the deputies’ supervisor, Sheriff Steve Moore; and the deputies’ employers, San Joaquin County and the San Joaquin County Sheriff’s Department. Friends alleged that Hernandez and Oram violated his civil and constitutional rights, including his right to be free from excessive force, and that Moore, the county and the sheriff’s department were vicariously liable for the deputies’ actions. Deputies Pablo Marmolejo, Ruben Rodriguez, Aaron (Pyle) Savage, Robert Wagner, Tyler Gillis and Katrina Aguilar, who were previously unidentified, were added as defendants, but they were ultimately let out of the case. The matter only continued against Oram, Moore, the county and the sheriff’s department. The deputies denied there was any use of excessive force against Friends., Friends claimed that his hands were stomped on and that his dentures were kicked or hit out of his mouth. He sustained a fractured nose, a fractured eye socket and other facial fractures. His hands were swollen, he had black eyes and he had subconjunctival hemorrhages, which are tiny blood vessels in the white of the eye that break just underneath the clear surface of the eye. He also sustained lacerations to the bone from handcuffs on his wrists, a fractured thumb, multiple rib fractures, an inguinal hernia, a carotid artery bubble, and numerous bruises and contusions to his upper and lower body, hands, wrists and face. Friends was taken to the emergency room at San Joaquin General Hospital, in French Camp, where he was treated and released back into police custody. Friends claimed that he continued to suffer from tinnitus and blurred vision. As a result, he sought treatment for his at a Kaiser facility after being released from the San Joaquin County Jail on June 30, 2016. He later underwent surgery to treat the inguinal hernia at Kaiser in July 2017. Friends claimed that he was transferred to the Fullerton Jail to avoid having to return to the San Joaquin County Jail, but that he and his wife had to pay out-of-pocket so that he would be able to serve out his sentence in Fullerton. Friends then began seeing a psychotherapist in Kansas City, where Friends and his wife returned after completing his sentence and being released from the Fullerton Jail. He claimed that he continues to undergo psychotherapy and that he will require future therapy. Friends sought recovery of reasonable past medical costs, which included $23,181 from Kaiser and $1,110 in out-of-pocket costs for the psychotherapy. He also sought recovery of about $3,330 in future medical costs for his ongoing therapy and $21,717 in out-of-pocket costs for the transfer from San Joaquin County Jail to Fullerton Jail. In addition, Friends sought recovery of noneconomic damages for his past and future pain and suffering.
COURT
United States District Court, Eastern District, Sacramento, 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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