Case details

Officers’ actions were unreasonable, plaintiffs alleged

SUMMARY

$175000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
arm, emotional distress, fracture, mental, psychological
FACTS
On July 4, 2011, plaintiff Jay Holms, a man in his 30s, was playing dominoes in a neighbor’s backyard — located on East 6th Street, between Cherry Avenue and Rose Avenue, in Long Beach — when Long Beach Police Officers Jeremy Chavez and Eric Fritz pulled up and arrested his son, plaintiff Judah Holms. During the arrest, plaintiff Julie Holms, Jay Holms’ wife, walked to the front of the home and began speaking with the officers. Jay Holms then went outside and was allegedly punched, beaten with a baton, and knocked unconscious. A video showed Officer John Gibbs later arriving at the scene and yanking Jay Holms to his feet. Gibbs and Fritz then allegedly made Jay Holms walk to an ambulance about a block away. Jay Holms was later charged with resisting, obstructing or delaying a police officer. A criminal court jury found him not guilty, and no charges were ever filed against his son, Judah. Jay and Julie Holms, and their sons, Judah and Josiah Holms, sued Chavez; Fritz; Gibbs; and the officers’ employers, the city of Long Beach and the Long Beach Police Department. Judah and Josiah Holms were ultimately dismissed from the case prior to trial. The matter ultimately went to trial on the claims of false arrest, excessive force, assault, and intentional infliction of emotional distress. Plaintiffs’ counsel contended that after Jay Holms came outside, Chavez suddenly began to punch him and that Fritz then beat him with a baton, knocking Mr. Holms unconscious. Mrs. Holms also claimed that Fritz swung his baton at her. Five neighbors testified in support of the Holms’ claims. Defense counsel contended that Mr. Holms did not speak to the officers, but rather walked up to the police car and reached inside, alarming Chavez and Fritz, who tried to get Mr. Holms away from their vehicle. Counsel also contended that Mr. Holms refused to comply with the officers’ commands and repeatedly tried to push them off of him. Thus, defense counsel argued that the officers had no choice but to punch Mr. Holms and use a baton to subdue him., Jay Holms sustained a fractured arm, and multiple bruises and cuts during the incident. He was subsequently taken to a hospital, where he had a plate with screws implanted to repair his arm. Three of the plaintiff’s treating doctors testified about Mr. Holms’ and treatment. Thus, Mr. Holms sought recovery for his medical expenses and recovery of damages for his pain and suffering. He also sought recovery of punitive damages. Mrs. Holms claimed she suffered emotional distress as a result of having witnessed the incident. Thus, she sought recovery of damages for the defendants’ intentional infliction of emotional distress.
COURT
United States District Court, Central District, Los Angeles, CA

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