Case details

Police had probable cause to arrest woman, defense argued

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On Jan. 21, 2011, at 11:00 p.m. plaintiff Cindy Orellana, an unemployed 19 year old, was driving a sedan with her three friends on Passons Boulevard in Pico Rivera when the vehicle was pulled over by Los Angeles County Deputy Venus Felix for an alleged traffic violation. Orellana was ultimately arrested and charged with being under the influence of cocaine. The charge was later dismissed when Orellana’s urine test results came back negative for the presence of cocaine. Orellana sued Felix; the head of the sheriff’s department, Sheriff Leroy Baca; and their employer, the county of Los Angeles. Orellana alleged that the defendants’ actions constituted violations of his civil rights, including unreasonable search and seizure, false arrest, malicious prosecution based on alleged racial profiling, and deprivation of liberty without due process and equal protection. The county and Baca were dismissed from the case prior to trial. Thus, the matter proceeded to trail against Felix only. Orellana claimed she never gave Felix consent to search her vehicle. She also claimed neither she nor her family could afford to post bail, causing her to remain in jail from Friday night until her arraignment on Tuesday. Orellana further claimed that she repeatedly denied being under the influence or in possession of drugs, and offered to take a drug test to prove her innocence. Thus, plaintiff’s counsel argued that Orellana was arrested without probable cause. Counsel also argued that Felix engaged in racial animus by falsely accusing Orellana and her three friends of being under the influence or in possession of drugs because they were young Latinas. Felix claimed the she observed Orellana fail to stop at a stop sign and nearly collide with an oncoming car, which honked at her. She claimed that as a result, she had Orellana exit the vehicle and then asked her whether she minded if she searched her car, and that Orellana consented to the search. Felix claimed that she then placed Orellana and her friends in the back seat of her patrol car as another patrol car with two deputies drove by the scene and stopped to assist by searching Orellana’s car. Felix alleged that while running a check on Orellana and her friends, she observed Orellana looking and moving toward the floorboard, and that when Orellana exited the patrol car, she observed a small baggy containing a white powdery substance, which was later confirmed to be cocaine, on the floorboard of the patrol car where Orellana’s feet had been. Felix claimed that as a result, she proceeded to conduct field sobriety tests of Orellana’s pupils, and found that they were dilated and would not constrict. She further claimed that Orellana’s pulse was rapid and that when she asked Orellana to count to 30, Orellana could only do so in 15 seconds. Felix claimed that based on those observations, she placed Orellana under arrest for possession and being under the influence of cocaine. In addition, she claimed she could not see the racial identities of any person in Orellana’s car when she made the traffic stop. Thus, defense counsel argued that Orellana consented to the search of her car, that the search of her person was reasonable, that the arrest was made with probable cause, and that Felix did not act with malice or racial animus., Orellana claimed she suffered emotional distress and humiliation as a result of the arrest and the time spent in jail. She also claimed she is now fearful of law enforcement officers. Thus, plaintiff’s counsel asked the jury to award Orellana $2 million for her past and future emotional distress and humiliation. Orellana also sought recovery of punitive damages.
COURT
United States District Court, Central District, Los Angeles, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case