Case details

Officer’s use of force against plaintiff was excessive: suit

SUMMARY

$1500000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
bruise, deviated septum, emotional distress, face, head, mental, nose, psychological
FACTS
On July 1, 2014, plaintiff Marlene Pinnock, 51, a former bookkeeper, was allegedly wandering in the vicinity of Interstate 10, near La Brea, in Los Angeles. Pinnock’s actions were reported by multiple drivers calling 911, claiming that Pinnock was barefoot and wandering into oncoming traffic. At approximately 6 p.m., California Highway Patrol Officer Daniel Andrew reported to the scene, but the matter ultimately resulted in a physical altercation between Andrew and Pinnock. Pinnock sued Andrew; CHP Commissioner Joe Farrow, and CHP Investigator Sean Taketa. (She initially also named “John Doe” in her suit to represent any unidentified officers.) Pinnock alleged that the defendants violated her civil rights, including, but not limited to, 42 USC §§ 1983 and 1985 for excessive force, assault and battery, conspiracy, and violations of the Ralph Civil Rights Act and Bane Civil Rights Act. She also accused Taketa of witness tampering. Plaintiff’s counsel contended that Andrew, in his attempts to detain Pinnock, used excessive force by mounting Pinnock on the ground and striking her several times in the torso and head. Pinnock claimed that during the incident, she feared for her life and thought she was going to be killed during the assault. (The altercation was captured by a passing motorist on his mobile phone video recorder.) Plaintiff’s counsel asserted that video footage clearly showed that Pinnock was at least wearing stockings, possibly with some type of footwear, and was not barefoot and wandering into traffic, as claimed by police 911 calls. Counsel also asserted that Taketa conspired against Pinnock by seeking an improper search warrant after the incident and by using means to intimidate the videographer as a consequence of the investigation of the incident involving Andrew. Defense counsel contended that Pinnock was wandering along a busy freeway, which prompted several motorists to call 911. Counsel also contended that Pinnock placed herself and every motorist driving by in jeopardy. Andrew claimed that when he approached Pinnock, she became combative and did not respond to commands, resulting in the use of physical force. Thus, defense counsel asserted that Andrew exercised a reasonable amount of force in detaining Pinnock. In addition, Andrew claimed that he did not conspire with any of his fellow CHP employees in regard to Pinnock’s conspiracy claim., Pinnock sustained a deviated septum, lacerations to her back, and contusions to her body, including, but not limited to, her head and shoulders. She was subsequently taken from the scene and brought to Los Angeles County+USC Medical Center, in Los Angeles, where she received medical attention. Pinnock claimed that she suffers from emotional distress as a result of the incident. Specifically, she claimed she continues to suffer from nightmares and is now fearful of police. Thus, Pinnock sought recovery of an unspecified amount of general damages for her pain and suffering. She also sought to have Andrew resign from the CHP.
COURT
United States District Court, Central District, Los Angeles, CA

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