California Injury Lawyers Blog

After the jury deadlocked, a judge declared a mistrial in the La Habra wrongful death lawsuit against officers John Jaime and Pete DiPasqua. The La Habra cops were sued by the family of Michael Cho. The two cops fatally shot the 25-year-old 11 times outside a liquor store on December 31, 2007. The plaintiffs had alleged excessive use of police force by the two men. The Cho family says they will retry the Orange County, California police brutality case.

On the day that Cho, 25, was shot, the officers arrived at the scene to investigate reports that someone was vandalizing motor vehicles. The caller identified Cho as the suspect.

According to witnesses, Cho had a tire iron in his hand as he went toward the cops and he disregarded their commands that he drop the object. However, the Chos say that their son was at enough of a distance from the cops that they could have Tasered him, used pepper spray, or set the police dog on him. Meantime, the defendants' lawyer argued that his clients were legally allowed to use lethal means if they believed their lives were at risk.

Per toxicology reports, there was marijuana in Cho's system.

Orange County, California Police Brutality
Police in Orange County, California must be careful when using force on a suspect. That use of force must be absolutely necessary. Otherwise, the officers should be using less violent means to apprehend, arrest, or detain a suspect.

Unfortunately, many people don't even realize when they've become the victim of police abuse and that their civil rights have been violated. Verbal abuse, emotional abuse, threats, blackmail, harassment, and sexual abuse are also considered excessive use of force when instigated by police officers that are "doing their job."

Even if criminal charges aren't filed against the officers, there are steps you can take to hold the police officers accountable for your Orange County, California personal injuries.

Mistrial declared in fatal police shooting case, OC Register, February 12, 2010

Related Web Resources:
Police Use of Excessive Force, US Department of Justice (PDF)

La Habra Police Department

A 79-year-old man who says police assaulted him during a traffic stop has filed an Orange County, California injury claim against the city of Garden Grove. Mong Kim Tran claims he experienced physical pain and sustained bruises to his feet and face. He says that he continues to experience emotional distress, shame, and nervousness over the Garden Grove police brutality incident.

According to Tran's Orange County, California police brutality claim, on October 28, 2009, the Garden Grove cops that stopped him for speeding gave him an "outrageous" beating. Tran is seeking injury compensation. He also wants the city of Garden Grove to investigate the alleged incident and discipline the police officer that hurt him.

Garden Grove police are disputing Tran's account. They claim that Tran would not follow the cops' instructions (they wanted him to sign the citation for speeding). They also say that he assaulted one of the officers by punching him and kicking him in the groin. He was charged with one count each of misdemeanor assault and battery.

Tran and his family, however, say that the officers misunderstood the elderly man because he doesn't speak proper English. During a news conference last month, the 79-year-old said that the officers treated him "like an animal." He denies trying to assault the officer. Pham's injury attorney says that his client refused to sign the speeding citation because he thought it meant that by doing so he was pleading guilty.

Police Brutality
Police are not allowed to use unnecessary force when apprehending anyone. This is police brutality and a violation of the victim's rights. Unfortunately, excessive use of force by a police officer does happen. A cop might get caught up in the heat of the moment or wrongly perceive someone to be a danger. There are also police officers that abuse their authority by taking the opportunity to physically assault, sexually assault, verbally abuse, or intimidate a suspect under the guise of doing one's duty.

Claim: Police beat up 79-year-old man during traffic, OC Register, January 19, 2010

78-Year-Old Man Arrested for Kicking Cop, OC Weekly, November 3, 2009

Related Web Resources:
Garden Grove Police

City of Garden Grove

Shielded from Justice, HR Watch

A woman who says that Newport Beach police beat her is asking Orange County Superior Court to let her file a lawsuit for damages because she missed the deadline while undergoing the psychiatric care she required because of the alleged beating. She previously filed a $15 million police brutality lawsuit against the city in federal court over the same incident.

Suzanne Abrams says that on April 4, 2007, she called Newport Beach police to ask for help after she was raped. When they arrived at her Little Balboa Island home, they knocked her off her porch and beat her. Abrams says the Newport Beach police brutality incident left her incapacitated and she is still receiving treatment for post-traumatic stress.

Carol Lindquist, Abrams' psychologist, says that while her patient cannot remember the actual attack, watching video footage of the incident distresses her. Lindquist says she has treated Abrams for insomnia, depression, stress, anxiety, headaches, fear, and family issues.

In another Orange County, California police brutality case accusing Newport Beach cops of excessive use of violence, Angela and Eric Padgett are suing the city for $1 million each. They say that three police officers falsely imprisoned them without cause when they arrived at their residence to respond to a call about a family dispute.

The Padgetts claim police physically assaulted them for no reason, inflicting emotional and physical pain. The couple was eventually set free and no criminal charges were filed against them. They are seeking Orange County, California police brutality compensation for income loss, medical bills, legal fees, and property damage.

Police dispute their account. They claim they detained Eric because he was initially uncooperative.

Orange County, California Police Brutality
Police violence is a crime and a violation of a person's civil rights. Unfortunately, many people don't realize that they were the victims of police brutality. There are ways to hold the officers involved accountable for their behavior.

Couple suing Newport, Daily Pilot, September 22, 2009

Woman who fought cops seeks damages, Daily Pilot, October 7, 2009

Related Web Resources:
Newport Beach Police Department

Epidemic Of Police Brutality Sweeps America, Jones Report, September 21, 2007

An investigation is underway in California over allegations that Merced police officers used a Taser to apprehend a man with no legs who is confined in a wheelchair. Gregory Williams, a 40-year-old double amputee, spent six days in jail on suspicion of resisting arrest and committing domestic violence. Criminal charges have yet to be filed against him.

Williams says that police Tasered him and violently manhandled him even though he was never physically aggressive toward them. He is also accusing the cops of handcuffing him to the pavement and when his pants fell off, allowing him to remain naked below the waist.

The alleged California police brutality incident reportedly took place on September 11 and Williams says that during the arrest his shoulder was injured. This has affected his ability to get around in his wheelchair. A number of residents at the apartment complex where Williams lives say they saw the incident and support his California police brutality claims. One neighbor even shot footage of Williams on the ground, handcuffed, and with his pants down.

Police dispute Williams' claim. Their report claims that he refused to allow Merced County Child Protective Services to take his 2-year-old daughter.

Police Brutality
There are specific protocols that police officers must follow when apprehending anyone. Excessive or unjustified use of force at any time is not allowed. Was it absolutely necessary to Taser a double amputee in a wheelchair? Could he have been apprehended in other, less painful and humiliating ways? An internal probe will hopefully shed light on what happened.

Taser use on any suspect has both its critics and its supporters. While there are those who believe that using Tasers allows police to apprehend someone without having to use a gun, physical force, or a baton, the stun guns send out about 50,000 volts of electricity into its target. This is not exactly painless. More than 150 people have died from being Tasered and questions have been raised as to whether Taser use during certain arrests were justified.

Did California police use a Taser on an unarmed, legless man in a wheelchair?, McClatchy DC, September 21, 2009

Merced police used Taser on unarmed, legless man in a wheelchair, Merced Sun-Star, September 20, 2009

Related Web Resources:
Un Tasers are a form of Torture, CBS, November 25, 2007

Police brutality cases on the rise since 9/11, USA Today, December 18, 2007

Continue reading "Legless, Unarmed Man in Wheelchair Makes California Police Brutality Allegations Accusing Officers of Using Taser without Provocation " »

A man is accusing some of the city of Tustin, California's police officers of police brutality. Victor M. Hernandez says that cops hurt him on the night of October 17 while questioning him .

In his Orange County, California police brutality claim, Hernandez said a Tustin police officer approached him as he was walking home from Burger King. Hernandez says the cop asked him if he was the one who pushed a girl at a liquor store. A witness had identified Hernandez as her assailant. Tustin police would later determine that Hernandez was not the person they were trying to find.

City documents say that as police searched Hernandez for weapons, he struggled and was handcuffed. His finger broke and he sustained a bruise to his eye.

Hernandez claims says that while at the hospital, one of the cops apologized to him for what happened. The city of Tustin, however, is denying the allegations and says that Hernandez was hurt because he struggled while resisting the cops but not because the police injured him.

Police Brutality
Any excessive use of force by police officers at any time is wrong, and our Orange County, California police brutality lawyers believe that it is important that victims receive compensation for their injuries and trauma resulting from police violence.

Even if you are a suspect in an investigation, you are entitled to certain civil and legal protections. Police are never at any time allowed to use verbal abuse, emotional abuse, physical abuse, sexual abuse, intimidation, racial profiling, or a gun, Taser, or any other weapon against you without provocation or threat or deprive you of your constitutional rights. In the event that they use excessive force of any kind or make a false arrest or harass you, you may have grounds for filing an Orange County, California police brutality lawsuit for your injuries.

It is the job of police officers to protect people not hurt them. Even if police deny any wrongdoing, you may still be entitled to California injury compensation for the harm that you suffered. Police violence is a crime that is can be hidden under the guise of executing "justice." This is unacceptable and can cause serious injury or death to victims.

Man files claim saying Tustin officers injured him, OC Register, September 16, 2009

Related Web Resources:
Tustin Police

City of Tustin

Know your rights!, PoliceCrimes.com

A 23-year-old Long Beach, California woman has filed a claim against the city of Newport Beach because she says that police fondled her during a search. Her Orange County, California police brutality claim is seeking at least $1 million for the severe emotional trauma that she experienced as a result of the February 21, 2009 incident.

The plaintiff says that at around 10:30 at night, a Newport Beach cop signaled her to stop her car even though she had not broken any traffic laws. When she rolled down her window, she says the police officer used a threatening tone of voice to ask her where she was from. She says he yelled at her, demanding she identify her nationality.

The plaintiff says she "politely" told him she was American and he shined a flashlight beam into her face. After appearing to examine her face, she says he sardonically said, "Sure.. you're white!" He asked her to exit her vehicle and arrested her without probable cause. He then made her sit in the back of his car.

She says that the cop and the other officers who were there laughed when she said the handcuffs hurt. She claims she was interrogated for hours and underwent a very humiliating and invasive physical search. She that says one cop "felt" her up in a way that made her feel as if she were the victim of sexual assault. She says the police officer pressed his body close to her body while breathing heavily on her neck.

The plaintiff says that she was placed in a Newport Beach jail cell until a friend was able to secure a bail bond for her. She claims the cops never told her about her rights while they detained her.

Police Brutality
Arresting someone without probable cause is considered a false arrest and can be grounds for a police brutality lawsuit if there is evidence that the police officer exceeded his or her authority and abused power to make the arrest. False arrests are also a violation of an American's Fourth Amendment rights.

Police officers must abide by strict rules when doing their job. They are not allowed to use excessive force, verbal abuse, or sexually assault or fondle a suspect or anyone else for that matter.

Police brutality can be grounds for an Orange County, California personal injury claim or lawsuit.

Woman claims cops sexually assaulted her, Daily Pilot, August 26, 2009

Related Web Resources:
Newport Beach Police

City of Newport Beach

Police Brutality Info

4th Amendment, LectLaw.com

Continue reading "Long Beach Woman Files Claim Against Newport Beach for Alleged Police Sexual Assault" »

The parents of Susie Young Kim, a 37-year-old Korean American from Irvine who was fatally shot by Santa Ana police on April 10, have filed an Orange County, California wrongful death claim seeking $20 million in damages, legal costs, funeral costs, emotional trauma, and punitive and survival damages.

Santa Ana police shot Kim following a 30-minute chase through Santa Ana, Fullerton, Anaheim, and Buena Park. Her 13-month old daughter, who was riding in the back of the Toyota she was driving when the fatal incident happened, was unharmed.

The Santa Ana wrongful death claim, filed on behalf of Nancy Kim and Yung Kim, Susie's estate, and her daughter, Angelica, accuses police officers of using "excessive, deadly force" that led to Susie's death. The Kims claim that the officers "knowingly endangered" Angelica with their use of police brutality, including inappropriate force and improper tactics. The family's Southern California wrongful death attorney says Susie's shooting was totally "unjustified."

The police chase reportedly started late at night when Buena Park police tried to pull Kim over for committing a traffic violation. Kim, however, refused to stop and other police joined in the chase that eventually ended in Santa Ana when a police officer shot at the vehicle.

Questionable Police Shootings
A police officer should only fire his or her weapon on a suspect as a final measure. There are strict protocols that Santa Ana police must follow for when a weapon should be drawn and used on someone. Unfortunately, not every police officer exercises the restraint necessary to make sure that unjustified police shootings don't happen.

Unjustified police shootings usually involve excessive use of force, which is a common form of police brutality. Unfortunately, unjustified police shootings have resulted in the deaths of suspects who would still be alive today if only other methods were used to apprehend them.

Family of woman killed by police wants $20 million, OC Register, July 21, 2009

Woman With Baby in Car Killed at End of Police Chase, NBC, April 10, 2009

Related Web Resources:
Police Brutality

NAACP urges cell phone use to fight police brutality, CNN.com, July 15, 2009

The family of Jerry Lunceford, a 70-year-old woman who was shot to death by police, is suing Orange County and the City of La Habra for $30 million. They are seeking $15 million from each defendant for her Orange County, California wrongful death.

The plaintiffs in the case are Lunceford's estate, her son, David Lunceford, and her husband, Lowell Lunceford. They claim the peace officers neglected to make sure that they did not use excessive use of force when apprehending the decedent, and instead, they exercised police brutality by shooting her to death.

On the night of December 22, 2008, Orange County sheriff's deputies and La Habra police responded to a call about a distraught woman who may have been suicidal. They evacuated the neighborhood.

They contend that Lunceford came out of the front door and pointed a gun at the cops. Assistant Sheriff Michael Hillman says she disregarded repeated orders to put down her weapon. According to investigators, a number of officers and deputies shot at her when she pointed her gun at them.

However, according to the plaintiffs' Orange County, California wrongful death complaint, police shot Lunceford without provocation while she was talking on the phone to her son. They flashed bright lights at her so she was unable to see the police officers.

Neighbors say that Lunceford, who h had been married to her husband for 51 years, had not shown previous signs of distress. No criminal officers have been charged with her shooting death.

This is not the first police brutality lawsuit against the City of La Habra over a fatal police shooting. La Habra police shot and killed Michael Cho on January 31, 2007 in a strip parking mall after he allegedly waved a tire iron at them in a threatening manner. The 25-year-old's parents filed a La Habra wrongful death lawsuit against the city.

Orange County, California Police Brutality Lawsuits
Police are not supposed to shoot at suspects without provocation--let alone shoot them to death. Police brutality is a crime and violates the victims'civil rights. If you are injured or someone you love dies because police officers used unnecessary violence or were abusive, you may have grounds for filing an Orange County, California police brutality lawsuit or wrongful death claim.

Family seeks $30 million in police shooting death of woman, 70, OC Register, July 9, 2009

70-Year-Old Woman Shot by Police, Pasadena Star-News, December 23, 2008

Michael Sungman Cho shot by La Habra police Dec. 31, January 10, 2008

Related Web Resources:
City of La Habra, California

Orange County, California

Continue reading "California Wrongful Death Claim Alleges Police Brutality After Police Shoot Man During Traffic Stop" »

In California, the Los Angeles Council says it will settle nine police brutality lawsuits related to a May 1, 2007 immigration rally at MacArthur Park for $12.85 million. 42 people sustained injuries as police broke up the crowd by shooting some people with rubber bullets and beanbag rounds while beating others. About 42 people sustained injuries. City officials say the settlement compensates most of the immigration demonstrators and observers who sued for personal injury following the incident, including a class-action lawsuit with some 5,000 plaintiffs.

LAPD officers are accused of using excessive force and mistreating people who were attending the immigration march. Media footage showed LAPD officers pushing people who were walking away from them and striking a TV camera operator. Scenes from that day also show people getting hurt after being shot by rubber bullets.

The altercation attracted worldwide media attention to a police force that has been working hard to prove that it no longer engages in violent police tactics. Following the incident, Los Angeles Police Chief William J. Bratton created the Critical Incident Management Bureau and removed two officers from command positions.

Under the terms of the personal injury settlement, the Los Angeles Police Department is required to give the court an oversight of its crowd control procedures. Moving forward, batons can only be used to push, not hit, protestors. Bean bags and rubber bullets can no longer be used on crowds unless they are behaving violently.

The Los Angeles police brutality settlement was announced just one week after a $20.5 million civil rights settlement was reached between the council and four former and current LAPD police officers. The plaintiffs said they were falsely arrested and maliciously prosecuted during the Rampart police corruption scandal in the 1990's.

Los Angeles to pay $13 million to settle May Day melee lawsuits, Los Angeles Times, February 5, 2009

FBI to Investigate Immigration Rally, Washington Post, May 4, 2007

Related Web Resources:

Los Angeles Police Department

Los Angeles Police Brutality, Human Rights Watch