Case details
Plaintiff claimed officers beat him during traffic stop
SUMMARY
$620000
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
impairment, sensory, speech, vision
FACTS
On Oct. 30, 2011, plaintiff Ray Webb, 62, a black truck driver who suffered from congenital heart disease, was driving his 2003 Toyota Camry with a female passenger when they were pulled over by a police vehicle at the intersection of West 19th Street and Pacific Avenue, in Long Beach. They were allegedly stopped for a burnt out brake light. At some point, the officers determined that the female passenger was on misdemeanor probation and ordered both Webb and the passenger out of the vehicle. The officers then searched Webb’s person, ordered Webb to sit on the curb, and searched his car. When the officers removed a box from Webb’s car that contained a substance that resembled cocaine, which Webb claimed was not his, Webb got up, began to walk away, and criticized the officers’ conduct. Four officers then began to use force on Webb. The officers eventually arrested Webb, and charged him with cocaine possession and resisting arrest. Webb claimed the officers illegally searched his vehicle. The search of was later deemed to be improper by a Superior Court judge, and all criminal charges against him were dismissed. Webb also claimed that he sustained to his heart and eyes as a result of the incident. Webb sued Long Beach City Police Officers Julie Lacey Ackerman, Alejandro Cazarez, Tomas Diaz, and Harrison Moore. Webb alleged that the officers’ actions constituted excessive force in violation of his civil rights pursuant to 42 U.S.C. § 1983. Though Webb initially claimed violations of the Fourth Amendment due to the officers not having a warrant, consent, or probable cause for the search and seizure, he did not proceed on the search-and-seizure claim. Thus, the matter proceeded to trial on the excessive-force claim only. Webb claimed that during the traffic stop, he was thrown to the ground, and struck at least 21 times with batons, a flashlight and a Taser. He also claimed that the officers used a carotid chokehold on him four times over the course of over a minute and that the officers took turns choking him while others took part in striking him with impact weapons. Webb further claimed that once he regained consciousness, he was again choked until he passed out again. Plaintiff’s counsel argued that although at least four officers were present during the traffic stop, none of the officers made any attempt to communicate with each other, de-escalate the situation, or even handcuff Webb throughout the assault. Counsel contended that Webb was outnumbered, unarmed, made no threats, and struck no one during the stop and that no specific command or opportunity to comply with any order, lawful or otherwise, was ever given to Webb at any time. Thus, plaintiff’s counsel argued that the dozens of strikes with impact weapons, Taser shocks and multiple chokeholds constituted excessive force. Defense counsel contended that when Webb began to walk away, the officers attempted to arrest him, but that Webb resisted arrest. Counsel also contended that when the officers attempted to restrain him, Webb kept moving his hands and legs, trying to strike the officers and take their batons and flashlights. Thus, defense counsel argued that since Webb was resisting arrest, the officers acted reasonably and their use of force was not excessive., Webb claimed that he did not recall how long the beating lasted and that he lost consciousness at least twice during the assault. He was subsequently hospitalized for two days at St. Mary Medical Center, in Long Beach. After being released from the hospital, Webb presented for several outpatient visits. He claimed that his heart condition was aggravated as a result of the incident, causing him to suffer a heart attack approximately 16 months later. He also claimed that he experienced severe vision problems since the incident. As a result, he underwent an eye examination and was diagnosed with visual field loss in his left eye. Thus, Webb claimed that he is disabled as a result of his heart condition and permanent visual field loss. He also claimed that he suffers from emotional trauma related to the incident. In addition, he sought recovery of punitive damages.
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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