Case details

Plaintiff claimed probation officer wrongly ordered arrest

SUMMARY

$425000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
anxiety, depression, emotional distress, mental, psychological
FACTS
On Feb. 12, 2007, plaintiff James Quinn, an around 55-year-old seller of certified organic oranges, was arrested in Clovis and was incarcerated in the Fresno County Jail for 2.5 days. Quinn previously pleaded guilty to driving under the influence on Sept. 5, 2005, and was sentenced to five years of probation. One of the requirements of Quinn’s probation was to file monthly report forms with the Fresno County Probation Department between the first and fifth of each month. In addition, Quinn was required to obey all laws, consume no alcohol, drive only if licensed and insured, and enroll in and complete the “Westcare Program” during his probation. He was also required to report to the Fresno Probation Department within two days of sentencing. Between Sept. 6, 2005, and August 2006, Quinn sporadically filed his monthly report forms. In August 2006, Quinn’s assigned deputy probation officer at that time, Officer David Alanis, wrote Quinn up for a probation violation for allegedly failing to file his monthly report forms. As a result, Quinn was fined by the court and ordered to perform an additional 50 hours of community service. In February 2007, Quinn was arrested due to an alleged parole violation and incarcerated in Fresno County Jail. He was then transferred to the emergency room at, what was then known as, University Medical Center. Quinn claimed that he was falsely arrested and imprisoned. He also claimed that he was denied his prescription medications, resulting in unnecessary pain and suffering and a completely avoidable hospitalization. Quinn sued the Fresno County Sheriff, the Fresno County Probation Department, Officer David Alanis, Officer Leonard Richert, the Fresno County District Attorney, the Fresno County Jail, the Fresno Police Department, the county of Fresno, and Chief Probation Officer Linda Penner. He alleged that he was falsely arrested and imprisoned for a non-existent probation violation, in violation of his Fourth Amendment rights and California Civil Code § 52.1. He also sued for various, closely-related common law torts. In addition, Quinn alleged that the defendants ignored his immediate need to take prescription medications in violation of California Government Code § 845.6. The case ultimately continued against the county of Fresno and Alanis only for alleged violations of Quinn’s civil rights, false imprisonment, violations of the Bane Act, negligence and intentional infliction of emotional distress. Plaintiff’s counsel claimed that Alanis authorized the arrest of Quinn after allegedly inspecting the electronic and hard copy files on Quinn and not seeing the monthly report forms for December 2006, January 2007 and February 2007. Quinn claimed that he had properly filed the three allegedly missing copies of the monthly report forms and offered to deliver the file-stamped and receipted copies that he had from the Fresno County Probation Office, but that the arresting officer refused to permit him to show any written proof of compliance. After Alanis took over the arrest at the Fresno County Jail, Quinn made another offer to present the file-stamped and receipted copies of the monthly report forms and tried to remind Alanis that he spoke with him at the time he turned in the forms, but that Alanis also refuse to permit him to show the written proof. Quinn’s former wife claimed that she also offered to deliver the receipted copies to Alanis, but that she was told “not to bother” because it would not make any difference whether she had the reports or not. She also claimed that when she inquired about her former husband’s rights, Alanis told her that Quinn had no rights and could be arrested “at any time for any reason.” Plaintiff’s counsel noted that the testimonies by Quinn and his former wife regarding their attempts to deliver the monthly report forms was uncontradicted because both the arresting officer and Alanis claimed that they could not remember the details of the incident. Plaintiff’s counsel also contended that the probation department moved offices in January 2007, and that at the time he authorized Quinn’s arrest, Alanis knew, or should have known, that the information in the probation department’s Adult Probation System was not up to date because staffing shortages prolonged the scanning process. In addition, plaintiff’s counsel called the Custodian of Records and Probations Services Manager of the Probation Department, who testified that it was up to the probation officer or the probation technician assisting him to see that the documents constituting compliance are put into the hard file “certainly within that month.” Alanis testified at trial that he did not have the power to “authorize” the Fresno County Police Department detective to arrest Quinn. However, plaintiff’s counsel argued that this testimony was contrary to Alanis’ written chronological report of Feb. 12, 2012, which recited that he authorized the California Penal Code § 1203.2(a) hold, under which a probation officer may, without warrant or other process and at any time, re-arrest the person on probation if the officer has probable cause to believe that the probationer is violating any term or condition of his or her probation. Defense counsel contended that there was probable cause for Quinn’s arrest. In addition, defense counsel argued that that Alanis and the county of Fresno were not responsible for a arrest affected by the arresting Fresno Police Department Detective., Quinn claimed while he was incarcerated, he was deprived of medications that would have prevented him from experiencing atrial fibrillation and back pain. He claimed that as a result, he had to be hospitalized. Quinn also claimed his experience in the jail caused him extreme physical and mental anguish. After his incarceration, Quinn claimed he experienced more frequent atrial fibrillation episodes and eventually had to have an oblation procedure. Quinn, now 60, alleged that he suffers humiliation, shame, embarrassment, resentment and helplessness over the false imprisonment and confinement, as well as fear and apprehension about his deteriorated physical condition and possibility of sudden death. He also alleged he now has frequent anxiety attacks around people in uniform, which his psychologist attributes to the incident. Thus, Quinn claimed he has been diagnosed with depression and post-traumatic stress disorder. Quinn claimed that when he was unable to contact the multiple stores that he intended to sell and deliver certified organic oranges to on the day of his arrest, he suffered a loss of income. He claimed that this ruined his credibility and possible future dealings, as well as caused all of the remaining oranges to decompose to the point where they were not sellable. Thus, Quinn sought recovery of general, compensatory, special and punitive damages, as well as recovery of attorney fees and costs. Defense counsel noted that it was undisputed that between Feb. 12, 2007 and Feb. 14th, 2007, Quinn was seen by a nurse and clinically evaluated. However, defense counsel contended that on Feb. 13, 2007, Quinn’s complaints of chest pain were relieved by the treatment provided by the nurse and he also received additional nitroglycerin to treat chest pain, if should it return. In addition, counsel contended that Quinn was prescribed metoprolol for his heart and ibuprofen for any non-heart related pain on that same day. At approximately the same time the following day, Quinn was again escorted to the infirmary and clinically evaluated for complaints of chest pain. Defense counsel contended that, prior to arriving at the infirmary, Quinn self-treated his chest pain with four 0.4 mg tablets of nitroglycerin. After clinically evaluating Quinn, the nurse contacted a doctor at the Fresno County Jail regarding Quinn’s renewed complaints of chest pain, to which the physician ordered an EKG be performed. Defense counsel argued that Quinn appeared relaxed and alert while he was being clinically evaluated, and that he made no request to be provided his prescription heart medication. Counsel also argued that Quinn did not claim he had or was experiencing an episode of atrial fibrillation at that time. Defense counsel further noted that upon review of Quinn’s EKG, the physician observed some minor abnormalities, but that there were no indications within the EKG that Quinn was suffering an episode of atrial fibrillation. Counsel argued that based on the knowledge, training and experience of the nurse who clinically evaluated and treated Quinn on Feb. 13, 2007, and Feb. 14, 2007, she believed Quinn’s symptoms were inconsistent with a heart attack or atrial fibrillation. However, counsel noted that given Quinn’s prior medical history and limited diagnostic tools at the Fresno County Jail, Quinn was transferred Code 2 to University Medical Center Hospital for further treatment and observation. Thus, defense counsel sought a defense verdict, and recovery of costs of suit and attorney fees pursuant to 42 U.S.C. § 1988, should they prevail in this action.
COURT
United States District Court, Eastern District, Fresno, CA

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