Case details
Plaintiff claimed officer struck him several times during stop
SUMMARY
$1235000
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
face, nose
FACTS
On Sept. 30, 2018, plaintiff Lee Montes, 44, an unemployed man, was backing his car into a parking space in the back parking lot of the M Motel, in El Monte, when police officer Clayton Duran pulled his patrol vehicle in front of him, since Montes had expired plates on his vehicle. Montes exited his vehicle with his identification and registration, and he told Duran that his car was not stolen. Duran exited his vehicle and ordered Montes to get on the ground. Montes claimed that he was then taken down by Duran and that Duran struck him in the face and chest. Montes was eventually handcuffed and detained in the lot before being let go. Montes claimed to his face and chest as a result of the incident. Montes sued Duran, another police officer identified only as "Officer Raneer," and the officers’ employer, the city of El Monte. Montes alleged that the officers violated his civil right to be free from excessive force and that the city was vicariously liable for the officers’ actions. Raneer was ultimately dismissed from the case, and the matter continued again Duran and the city. Plaintiff’s counsel noted that Montes was diagnosed with paranoid delusional disorder and bipolar disorder. Counsel contended that Duran used excessive force by aggressively taking Montes down and striking him twice in the face. Plaintiff’s counsel further contended that when Montes mocked Duran, Duran struck Montes seven to eight more times in the chest. Defense counsel contended that Montes admitted to disregarding several of Duran’s requests to get back into his car and to sit on the ground and that, instead, Montes continued toward Duran. Duran claimed that he used physical force against Montes because Montes’ actions caused him to fear for his life. However, Duran claimed that he only hit Montes twice in the chest before handcuffing him., Montes claimed he was struck twice in the face and seven to eight times in his chest. He did not present for medical care, and claimed his ultimately resolved. Montes sought recovery of compensatory damages for his pain and suffering. He also sought recovery of punitive damages to punish Duran for the alleged use of excessive force.
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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