Case details

Police claimed teen was intoxicated at time of arrest

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
back, emotional distress, face, injuries, mental, nose, psychological, shoulder, wrist
FACTS
After 12 midnight on March 3, 2013, plaintiff Pierre Moradian, 19, a student, was with some friends in the driveway of a home in the 3400 block of Oakmont View Drive, in Glendale. Subsequently, Glendale Police Officer Olga Varouzian, who was driving by the residential neighborhood, stopped and approached the group. Other police officers, including Officer Kang and Sergeant William, also came to the scene, and the group was asked to turn toward the garage door and place their hands on it. Kang ultimately took Moradian to the ground and arrested him for public intoxication. Moradian was taken to jail at 1:30 a.m. and released at approximately 7:00 a.m. He claimed to his face and damage to his watch as a result of the incident. Moradian sued Varouzian; Kang; William; and the officers’ employer, the city of Glendale. Moradian alleged that the defendants’ actions constituted illegal detention, false arrest and excessive force, in violation of his civil rights. Plaintiff’s counsel argued that the stop was unlawful, that the arrest was unlawful, and that the force used was excessive. Counsel contended that there was no evidence of alcohol, marijuana or any other drug being used by the group of five individuals who were originally detained nor by the two other individuals, including Moradian, who later joined to the detention. Moradian claimed he repeatedly asked “why” they were being detained and got no answers except for orders to “Shut the f— up” and to “put [his] hands up.” He also claimed that Kang took him to the ground in a reverse-lifted bear hug, causing him to land head-first on the ground with Kang on top of him. Moradian further claimed that at no time did Kang investigate the alleged public intoxication or have evidence of his inability to care for himself. Thus, Moradian claimed that he asserted his rights and demanded a basis for the unlawful detention during the incident. The plaintiff’s and defense’s experts disagreed on whether the amount of force used was excessive. Defense counsel argued that the police had reasonable reasons for making the stop based on the fact that Varouzian smelled marijuana as she drove by the location and saw an open vodka bottle on a parked vehicle in the driveway of the private residence. Thus, counsel argued that Varouzian properly made the stop based on a reasonable suspicion of marijuana use and underage drinking. Defense counsel also argued that Moradian would not comply with requests to turn and face the garage door, and would repeatedly turn toward Kang. Thus, counsel contended that Kang took Moradian to the ground with a low level of force after Moradian refused Kang’s commands and attempts to have him face the garage. Defense counsel further contended that Moradian could have been arrested for either public intoxication or interfering, obstructing and delaying a police officer, but that Moradian was only arrested for public intoxication, which was a lesser charge and did not result in any criminal record., Moradian had an abrasion on his forehead, which he claimed was bleeding. He also claimed he suffered back, shoulder and wrist pain as a result of the incident. Police called paramedics to the scene, and Moradian was given minimal care. He also claimed he suffered property damage when the face of his watch was scraped. Moradian claimed he now suffers emotional distress, causing him to be scared of police and unable to function in his daily life. He subsequently went to a therapist and was diagnosed with post-traumatic stress disorder. Defense counsel argued that Moradian was not bleeding after the incident and that Moradian was not injured. Counsel also argued that Moradian suffered no psychological impact from the incident and that Moradian’s life even improved after the incident, as he obtained a full time job, went to school and had a girlfriend. Thus, defense counsel denied Moradian had any suffering. Plaintiff’s counsel noted that the defense provided no medical expert to refute the treating expert’s diagnosis.
COURT
United States District Court, Central District, Los Angeles, CA

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