Case details
Plaintiff: Mayor and officers assaulted her during meeting
SUMMARY
$5000
Amount
Verdict-Mixed
Result type
Not present
Ruling
KEYWORDS
bruise, chest
FACTS
On Nov. 2, 2010, plaintiff Joyce Kelly, a disabled 62 year old, attended a City Council meeting at the City Hall Chambers in Compton. Kelly claimed she was raising an issue about the city’s budget when Mayor Eric Perrodin began yelling “arrest her, arrest her,” which prompted Municipal Law Enforcement Officers Darnell Burnett and Roberto Santa Cruz to eject her from the meeting. Kelly also claimed she was assaulted by the officers, sustaining a chest injury. Kelly sued Perrodin, Burnett, Santa Cruz and the city of Compton. She alleged that the defendants’ actions constituted assault and battery, negligence, a violation of her constitutional rights and intentional infliction of emotional distress. Kelly claimed that while she was speaking at the meeting, as she had done on several occasions, Perrodin summoned Burnett and Santa Cruz to arrest her and without warning or justification, Burnett grabbed her wrist violently while Santa Cruz chest-butted her. Kelly claimed she did nothing to deserve such an unwarranted reaction from the defendants and sought vindication of her public rights. At the conclusion of the plaintiff’s case-in-chief, Kelly’s counsel dismissed the intentional infliction of emotional distress and assault claims against Burnett. Defense counsel also moved to dismiss all of the plaintiff’s remaining claims, but the court only dismissed the civil rights and negligence claims. Thus, by the time the defendants started presenting their defense, the only remaining claims were assault and battery against Perrodin and Santa Cruz, and battery against Burnett. The defendants claimed that Kelly fabricated the story in that she was neither grabbed nor chest bumped. The city further claimed that ejecting Kelly from the meeting was warranted because she violated the rules of decorum two more times, despite having been warned to adhere to them., Kelly contended that she went to the emergency room following the incident, fearful that she may have been suffering a heart attack. However, she claimed her chest injury was minor and has since resolved. Even though her physical injury had resolved, Kelly claimed she suffered emotional distress as a result of the incident and sought recovery of $50,000 in damages for her past and future pain and suffering. Defense counsel argued that Kelly presented no medical records or testimony to substantiate her claim. Thus, counsel asked that zero damages be awarded for the plaintiff’s pain and suffering.
COURT
Superior Court of Los Angeles County, Compton, 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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