Case details

Police claimed reasonable force was used on combative suspect

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
chest, pain, rib
FACTS
On Nov. 1, 2011, at approximately 2 a.m. (Halloween night), plaintiff Mher Seukunian, an unemployed 25 year old, was approached by Los Angeles police officers Jeremy McCann and Jose Lopez on Hollywood Boulevard, near the intersection with Highland Avenue, in Los Angeles. The officers told Seukunian to put his shirt back on, but Seukunian fled into an alley north of Hollywood Boulevard. Seukunian claimed that the officers then used excessive force against him when they took him into custody. An ambulance was called when Seukunian complained of difficulty breathing, but after being examined by a medic, Seukunian was taken to a police station. However during the booking process, Seukunian complained of pain to his side and was transported to Los Angeles County+USC Medical Center for evaluation. Doctors ultimately determined that Seukunian had a broken rib and a partially collapsed lung. Seukunian sued police officers McCann and Lopez; their supervisor, Police Chief Charlie Beck; and the officers’ employer, thecity of Los Angeles. Seukunian alleged that the officers’ actions constituted battery, negligence, and excessive force in violation of his Fourth Amendment rights. Seukunian claimed that when the officers approached him on Hollywood Boulevard to tell him to put a shirt on, one officer reached his arm out and choked him for no reason. He admitted to running away from the officers at that time, but he claimed he laid down on the pavement after he ran into the alley. Seukunian further claimed that when the officers handcuffed him, they threw him against the wall, kicked him in the face, and beat him with their batons. McCann and Lopez, along with four other officers who witnessed portions of the incident, claimed that Seukunian was observed walking down Hollywood Boulevard, challenging male passersby to fight him. They claimed that as a result, McCann and Lopez approached Seukunian to ask him to put his shirt on and leave the area. However, McCann and Lopez claimed that Seukunian yelled profanities at them and shoved one of them backward, nearly causing the officer to fall. The officers alleged that Seukunian then fled into the alley and assumed a fighting stance once they reached it. Defense counsel contended that as a result, the officers took Seukunian to the ground, where Seukunian continued to fight and kick. Counsel further contended that when Seukunian continued to resist, one of the officers jabbed the right side of Seukunian’s torso with his baton and that Seukunian ultimately stopped fighting after receiving the jabs. Thus, defense counsel argued that the force used by McCann and Lopez was reasonable given Seukunian’s combative behavior., Seukunian complained of difficulty breathing at the scene of the incident. As a result, an ambulance was called and he was examined by a medic. Seukunian was then taken to a police station, but during the booking process, he complained of pain to his side and was subsequently transported to Los Angeles County+USC Medical Center for evaluation. Doctors ultimately determined that Seukunian had a fractured rib and a partial pneumothorax. Seukunian claimed that he suffers from post-traumatic stress disorder as a result of the incident. Thus, Seukunian sought recovery of $100,000 in past medical expenses. He also sought recovery of damages for his pain and suffering. Defense counsel contended that at the scene of the incident, Seukunian’s only visible were scrapes to his forehead, nose and shoulder. Counsel also contended that when Seukunian complained of difficulty breathing, an ambulance was called, but that Seukunian told a paramedic that he was fine and did not wish to go to the hospital. In addition, the paramedic testified that he checked Seukunian’s vitals and oxygenation levels, and found them to be normal. However, defense counsel acknowledged that after Seukunian was transported to County U.S.C. Medical Center, Seukunian was diagnosed with a fractured rib and a partially collapsed lung. Defense counsel did not dispute that the use of force resulted in Seukunian’s rib fracture, but argued that the use of force was reasonable given Seukunian’s combative behavior. Counsel also argued that Seukunian’s visible were inconsistent with his version of events, whereas the officers’ testimony as to the type and amount of force used was supported by the physical evidence, including Seukunian’s .
COURT
United States District Court, Central District, Los Angeles, CA

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