Case details
Plaintiff claimed deputies used excessive force against him
SUMMARY
$900000
Amount
Verdict-Mixed
Result type
Not present
Ruling
KEYWORDS
emotional distress, head, headaches, mental, psychological
FACTS
On Nov. 23, 2010, at around 1 p.m., plaintiff Eduardo Cervantes, 35, a former bounty hunter for the United States Fugitive Services who had a prosthetic right leg, was in his car, parked in the parking lot of 8 Ball Billiards, located at 5250 Atlantic Boulevard, in Maywood, when he was approached by Deputies Paulo Cruz and Victor Cisneros. The deputies ultimately ordered Cervantes out of his car. Cervantes claimed the deputies then punched him, hit him in the head and flipped him over. He was then handcuffed and arrested for resisting an officer under California Penal Code § 69 (a felony). Cervantes was ultimately charged resisting an officer under California Penal Code § 148 (a misdemeanor), but the charges against him were later dropped. Cervantes sued Cruz and Cisneros, individually and as peace officers; and the officers’ employers, the county of Los Angeles. Cervantes alleged that the actions of Cruz and Cisneros constituted excessive force and false arrest in violation of his civil rights under 42 U.S.C. § 1983. He also alleged that the county was vicariously liable for the officers’ actions. The county was dismissed from the case prior to trial, and the matter continued against the officers only. Cervantes claimed that after the deputies ordered him out of his car, Cisneros punched him on the right side of his face. He claimed that both deputies then took him down to the ground, where he hit the back of his head. He further claimed that the deputies flipped him over, handcuffed him, and placed him in the back of their patrol car. Cervantes alleged that he only later learned that he was being arrested for resisting an officer. Cruz and Cisneros contended that they approached Cervantes’ vehicle to warn or to cite him for having a tinted-windows violation. They claimed that they asked for Cervantes’ name and identification, but when Cervantes failed provide either his name or identification, Cruz ordered him out of his car. They claimed that Cisneros then began to conduct a pat-down search for weapons on Cervantes’ person, but that Cervantes began to resist and dragged Cisneros a couple of feet. The officers claimed that as a result, Cisneros guided Cervantes to the ground, where Cervantes landed on his stomach and then twisted his neck while face down. Cisneros alleged that he punched Cervantes one time in the face because Cervantes threatened to spit on him and that Cervantes was then handcuffed and arrested for violating California Penal Code § 69. Thus, Cruz and Cisneros contended that the force used was reasonable and that probable cause existed for the arrest., On the date of his arrest, Cervantes was transported to a hospital for treatment of a contusion on the back of his head, and bruising and swelling around his right eye. Cervantes claimed he sustained the contusion to the center of the back of his head when he was punched. Cervantes claimed the incident caused him to experience emotional pain and suffering, including nightmares about the officers attempting to come after him or kill him. However, he claimed he has not been able to receive psychological therapy because of financial reasons. He also claimed he suffers physical limitations, including headaches and floaters in his right eye, as a result of being punched and that he had to stop working after the incident. Cervantes also sought recovery of punitive damages. Defense counsel contended that Cervantes was twisting his neck while face down and caused the contusion on the back of his head himself.
COURT
United States District Court, Central District, Los Angeles, 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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