Case details

Plaintiff arrested for only standing in front of building: suit

SUMMARY

$10000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In December 2012, plaintiff Richard Alvarez, a Vietnam veteran in his 60s, was standing in front of his apartment building on the corner of West 147th Street and Hawthorne Boulevard, in the commercial district of Lawndale. While standing in front of his unit, which was located over a bicycle shop, Alvarez was approached by Los Angeles County Deputy Loera and arrested for allegedly being under the influence of a stimulant. Alvarez was taken to jail and released the following day. He then immediately went to receive a drug test, and the test showed he had no drugs in his system. Alvarez sued Loera (who was added as a defendant) and Loera’s employer, the county of Los Angeles. Alvarez alleged that the defendants’ actions constituted false arrest and false imprisonment, in violation of his civil rights. Loera was later dismissed from the case, and the matter continued against the county only. Alvarez contended that Loera performed no testing measures, such as taking his pulse or flashing a light into his eyes, and that he was only standing in front of his apartment building at the time of the arrest. He also claimed that he later went for a drug test after his arrest because he had never been a drug user. Loera claimed that when she encountered Alvarez, he was about to jaywalk and that Alvarez jumped back onto the sidewalk when he saw her approaching. She alleged that she wanted to make sure Alvarez was okay or to see if he needed any help, but that Alvarez was acting jittery and combative. She also alleged that Alvarez was sweating and that his hands were clammy while he was being handcuffed, despite it being cool outside. In addition, she alleged that Alvarez’s pupils were dilated. Thus, Loera claimed that she deduced that Alvarez was under the influence of a stimulant. In response, Alvarez claimed that Loera was mistaken about the weather being cool, as it was particularly hot on the subject date., Alvarez claimed emotional distress from the events of his arrest and having to spend the night in jail. He also claimed that he was very humiliated by the incident and that it left him shell-shocked, causing him to now be afraid of police officers.
COURT
Superior Court of Los Angeles County, Pasadena, CA

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