California Injury Lawyers Blog

Tustin resident Jared Louis Petrovich and Anaheim resident Garret Eugene Aguilar have each been sentenced sentenced to 15 years to life behind bars for the second-degree murder of fellow inmate John Chamberlain. The 41-year-old Mission Viejo software engineer was being detained at Theo Lacy Jail in Orange County, California after being charge with the misdemeanor crime of possession of child pornography when a number of inmates beat, kicked, and punched him to death on October 5, 2006. By the time deputies were notified that Chamberlain was in trouble, he had already lost consciousness and his assailants had cleaned themselves off.

Petrovich has admitted that he was the one who told the others that Chamberlain was a child molester--even though the latter was never charged with committing such crimes. Petrovich, his white prison gang, and a Latino gang were involved in the fatal assault. Each gang is accused of offering 10 commissary items to each prison inmate who took part in Chamberlain's beating.

A few other inmates have also received lengthy sentences for convictions over his death and another two are awaiting their sentences. At least other three inmates pleaded guilty to voluntary manslaughter.

"Even if you've been charged or convicted for a crime, you are entitled to certain rights and protections while in police custody or behind bars," said Howard Law, PC and Anaheim personal injury lawyer Vincent Howard.

The assault on Chamberlain was severe enough to damage all of his organs. The beating took place less than 70 feet from where a County sheriff's deputy was watching TV. There have even been questions raised over whether deputies played a part in allowing the inmates to beat Chamberlain.

In the days leading up to his death, Chamberlain had asked that he be transferred out of the jail ward because other inmates had threatened him. An investigation showed that after he was beaten, a deputy updated the log to show that he had offered to transfer Chamberlain but that he had refused. Deputies have since been accused of using excessive force on inmates. There is even footage of Tasers being used on inmates.

"If you or someone you love was the victim of excessive use of police force, it doesn't matter whether or not the use of force was intentionally intended to cause harm, your rights have been violated." said Anaheim police brutality attorney Vincent Howard.

In 2008, Orange County settled the California wrongful death lawsuit filed by Chamberlain's family for $600,000.

Prison for Stomping Mission Viejo Man Dead, Mission Viejo Patch, February 27, 2012

County pays $600,000 in jail killing, OC Register, February 7, 2008

More Blog Posts:
Pomona Wrongful Death Claim Seeks Damages Police Brutality Damages, California Injury Lawyers Blog, October 31, 2011

Mentally Ill Homeless Man Beaten by Fullerton Police Died from Asphyxia, Reports Coroner, California Injury Lawyers Blog, September 21, 2011

Fullerton Cops Accused of Orange County, California Police Brutality in Fatal Beating of Kelly Thomas, California Injury Lawyers Blog, August 13, 2011

Continue reading "Another Two Inmates Sentenced for Fatally Beating Inmate at an Orange County, California Jail " »

Hundreds protestors have converged onto the UC Davis Campus this week to speak out about campus police's use of pepper spray to break up a group of students that were peacefully protesting the Occupy Wall Street movement on Friday. 11 students had to be treated for pepper spray side effects.

Following the incident, UC Davis Police Chief Annette Spicuzza and two campus cops were placed on leave, while UC officials continue to investigate what happened. UC Davis Chancellor Linda Katehi has said that although she asked police to take away the tents that were on the campus quad, she never told them to use force to make the demonstrators leave. Katehi maintains that she told the police chief to avoid violence "at all costs" and to not make any arrests.

Meantime, an attorney for the Federated University Police Officers Association claims that the police officers were only following instructions. The Washington Post quoted Dieter Dammeier as saying that upper management had told the cops what to do.

Excessive Use of Force
Police officers are not supposed to use excessive force when doing their job. Use of pepper spray, batons, Tasers, physical force, or guns must be warranted and necessary otherwise, this could be a violation of the victim's civil rights. The United States Code says that this type of misconduct by someone working for state law enforcement can be grounds for a California personal injury lawsuit.

Use of Pepper Spray
Getting struck with pepper spray can be very painful, causing an intense burning sensation that may last for a couple of days. Made from a substance from the cayenne pepper, pepper spray can irritate the skin, eyes, lungs, sinuses, and other mucus membranes.

Using force can cause serious injury and even death, which is why police officers must receive proper training on when force should be employed and what other, less dangerous courses of action are available to them. Many people don't realize that they have rights when it comes to how police are allowed to treat them, so often incidents of excessive use of force or California police brutality go unreported. Even if you were arrested or jailed for a crime, you still are entitled to certain legal and civil protections.

Our Anaheim personal injury lawyers want you to know that if a police officer used more force than necessary when detaining, arresting, or questioning you, this may be sufficient reason for filing an Orange County, California personal injury lawsuit to obtain damages for the harm that you suffered. Howard Law, PC represents clients in Los Angeles County, San Bernardino County, Riverside County, and Orange County, California.

Hundreds of UC Davis students protest pepper-spraying by police, Los Angeles Times, November 21, 2011

What to do if you get pepper sprayed, ABC News, November 21, 2011

UC Davis chancellor 'horrified' by pepper spray, Washington Post/AP, November 21, 2011

More Blog Posts:
Newport Beach Wrongful Death Lawsuit Blames Police for Suicide of Man While in Custody, California Injury Lawyers Blog, October 21, 2011

Mentally Ill Homeless Man Beaten by Fullerton Police Died from Asphyxia, Reports Coroner, California Injury Lawyers Blog, September 21, 2011

Fullerton Cops Accused of Orange County, California Police Brutality in Fatal Beating of Kelly Thomas, California Injury Lawyers Blog, August 13, 2011

The family of Andres Avila, 26, has filed a Los Angeles County wrongful death case against the Pomona Police Department, Avila was fatally shot by police last month. They are alleging excessive use of police force and racial profiling.

According to Avila's relatives, the altercation with police began a few months ago on July 4 during a family party. They claim that police went into the residence without specific case and started chasing him. They then allegedly beat him. The family says they have cell phone footage of Avila being Tased and assaulted that night. He would go on to file a personnel complaint against the cops that were involved.

On October 16, police allegedly called Avila and his girlfriend and that is when family say the shooting happened. Avila was pronounced dead at the scene.

Police Brutality
Authorities will hopefully investigate any allegations of police brutality. That said, even if no case is filed against officers allegedly involved this doesn't necessarily mean that you still cannot file a Los Angeles County excessive use of force case and win.

Cops are never supposed to use excessive force when doing their job. That's how people can get hurt or fatally shot. Even when apprehending, questioning, or pursuing someone they are not supposed to use more force than necessary.

Unfortunately, there are police officers that use excessive force to abuse, assault, and harm people. This is known as police brutality and may include physical assault, sexual assault, verbal abuse, intimidation, false arrests, psychological abuse, emotional abuse, rape, and false arrests.

Racial Profiling
One of the accusations the family of Avila is making is that he was the victim of racial profiling, which involves the targeting of people of color by law enforcement officials. Like all acts of police brutality, racial profiling is a violation of one's civil rights.

Most people are too scared to report incidents of Los Angeles police brutality for fear of retaliation. They also don't realize that they've been caused undue harm or that they may have grounds for Pomona personal injury recovery.

Our Anaheim personal injury lawyers frequently report on stories involving allegations, claims, and lawsuits involving people in Orange County, Los Angeles County, Riverside County, and San Bernardino County. Be sure to follow our California Injury Lawyers Blog for the latest news.

For the families who have lost someone because of excessive use of police force, know too that you may have reason for a Los Angeles wrongful death case.

Excessive use of force is an abuse of police power. Police officers and their departments should be held liable for misconduct that causes injury or death.

Probe under way into fatal Pomona police shooting, ABC Local, October 16, 2011

Pomona Police Hit with Wrongful-Death Claim, MyFoxLA, November 1, 2011

Pomona Police Department

More Blog Posts:
Newport Beach Wrongful Death Lawsuit Blames Police for Suicide of Man While in Custody, California Injury Lawyers Blog, October 21, 2011

Mentally Ill Homeless Man Beaten by Fullerton Police Died from Asphyxia, Reports Coroner, California Injury Lawyers Blog, September 21, 2011

Fullerton Cops Accused of Orange County, California Police Brutality in Fatal Beating of Kelly Thomas, California Injury Lawyers Blog, August 13, 2011

Two years ago, our Anaheim personal injury law firm reported on an Orange County, California wrongful death claim filed against Santa Ana police over the death of a 37-year-old Irvine woman. The family of Susie Young King wanted compensation because police shot her during a 30-minute chase through Santa Ana, Fullerton, Anaheim, and Buena Park. Her daughter, 13-months, was in the backseat of her Toyota at the time. The city has now agreed to pay $2.45 million to Kim's family to settle their Santa Ana wrongful death case.

The chase started early on April 10, 2009, because Kim wouldn't stop after police tried to pull her over for a traffic violation. She reportedly had cocaine and alcohol (her BAC was .18%) in her body. The police pursuit, which reached speeds of up 110 to 120 mph, ended when one of the cops shot at the car.

In their Santa Ana wrongful death claim, Susie's estate, her daughter Angelica Kim Contreras, and her parents Yung and Nancy Kim claimed police purposely endangered the little girl, engaged in excessive use of "deadly force," and applied improper tactics that led to the "justified' shooting.

In July, a federal judge declared a mistrial in the Santa Ana wrongful death trial because the jury couldn't reach an agreement on whether police officer Brandon Sontag had used excessive force. Sontag had testified that he shot at Kim in self-defense because she "floored it" as he approached her car. However, the Kim family's California injury lawyer said that Sontag shot his weapon even as Kim's vehicle drove by him.

Excessive Use of Police Force
Unfortunately, police officers can make mistakes and use too much force when doing their job. This can lead to injuries and deaths--especially when pepper spray, batons, Tasers, or guns and involved. For example, a police officer should only use his/her gun as a last alternative. This means that he/she must exhaust all other, less dangerous options first. Excessive use of police force is a violation of the other person's civil rights.

Excessive use of force can also be used when an officer is engaging in police brutality, which can include physical assault, verbal violence, sexual assault, false arrests, racial profiling, making threats, intimidation, and other acts of violence. Police brutality, too, is a violation of one's civil rights. It is also against the law.

Do not be afraid to speak with a Santa Ana excessive use of force law firm to find out whether you have grounds for filing a complaint against a police officer, his/her department, or the city that employs this cop. You may be entitled to Orange County, California personal injury recovery. Even if prosecutors choose not to pursue charges against the offending police officer, you can still pursue your own civil claim and possibly receive compensation.

Santa Ana pays $2.45 million in fatal shooting of mom, OC Register, October 19, 2011

Woman With Baby in Car Killed at End of Police Chase, NBC LA, January 7, 2010

Santa Ana Police

More Blog Posts:
Parents File $20 Million Orange County, California Wrongful Death Claim for Daughter's Fatal Shooting by Santa Ana Police, California Injury Lawyers Blog, July 21, 2009

Mentally Ill Homeless Man Beaten by Fullerton Police Died from Asphyxia, Reports Coroner, California Injury Lawyers Blog, September 21, 2011

Newport Beach Wrongful Death Lawsuit Blames Police for Suicide of Man While in Custody, California Injury Lawyers Blog, August 6, 2011

According to the coroner's death certificate, Kelly Thomas, the mentally ill transient who was fatally beaten by Fullerton six police when they apprehended him in July died from asphyxia brought about by mechanical chest compression and accompanied by blunt cranial-facial injuries. The coroner is calling the death a homicide. Thomas, who was 37, weighhed 145 pounds, and suffered from schizophrenia, also sustained traumatic brain injuries, fractures to his face and ribs, serious bruises and abrasions, and severe bleeding.

Thomas's parents have already filed a Los Angeles, California wrongful death claim against the city of Fullerton. This type of claim against a city is a precursor to an actual civil lawsuit. In their Fullerton wrongful death claim, Thomas's family accused police of using "excessive and deadly" force "without justification" when they detained him at the Fullerton Transportation Center and used their fists, a Taser, and objects for approximately 10 minutes to restrain him. The six cops were responding to a report that someone was trying to break into autos at the Metrolink station parking lot.

Today, Orange County prosecutors charged Fullerton police officer Manuel Ramos with second degree murder and involuntary manslaughter in Thomas's death. Ramos was the first person to approach Thomas that day. Ramos has been quoted as saying to Thomas, "My fists ... are getting ready to F you up."

A second cop, Cpl. Jay Cicinelli, was charged with involuntary manslaughter. He is accused of shocking Thomas four times and using the stun gun to smash up Thomas's face. Cicinelli is also charged with excessive use of force under the color of authority. The other four cops, who were placed on administrative leave along with Ramos and Cicinelli, will not be criminally charged.

Last week, The Los Angeles, California wrongful death lawyer of Thomas's family announced that he will be filing a Los Angeles police brutality complaint against the city of Fullerton on behalf of a man who says that he too suffered brutal treatment by one of the police officers involved in Thomas's beating. Temecula resident Edward M. Quinonez's Fullerton personal injury case is against officer Kenton Hampton. Quinonez also happened to witness the cops beatingThomas.

Police Brutality
Police officers must never use force more excessive than what a situation warrants. If you or someone you love sustained fatal injuries because a cop was physically or verbally abusive or used more force than necessary, your civil rights have likely been violated and you may have reason for seeking Los Angeles personal injury damages from the police department, the individuals involved, and/or the city.

Unfortunately, many people are too afraid to report when they've been threatened or brutalized by a cop. They may not even know that something wrong has been done to them or fear reprisals.

Another suit planned against Fullerton police, OC Register, September 16, 2011

Kelly Thomas: Father urges high bail in son's 'horrific' death, LA Times, September 21, 2011

Kelly Thomas died of asphyxia, report says, MSNBC, September 21, 2011

Fullerton officer charged with murder in Kelly Thomas death, ABC Local, September 21, 2011

Related Web Resource:
Police Department, City of Fullerton

More Blog Posts:
Fullerton Cops Accused of Orange County, California Police Brutality in Fatal Beating of Kelly Thomas, California Injury Lawyers Blog, August 13, 2011

Newport Beach Wrongful Death Lawsuit Blames Police for Suicide of Man While in Custody, California Injury Lawyers Blog, August 6, 2011

$2.1M Excessive Use of Force Settlement Reached in 2008 Orange County, California Wrongful Death of Inmate Detained by Cops in 2008, California Injury Lawyers Blog, June 29, 2011

Over 200 people protested outside the Fullerton Police Department and City Hall on Saturday over the death of Kelly Thomas. The 37-year-old homeless man was apprehended last month in a violent arrest that sent him into a coma. He died soon after. Now, the public wants answers and action.

Thomas passed away on July 10, five days after an altercation with cops who were looking into reports of an attempted car burglary. According to his parents' Orange County, California wrongful death claim against the city of Fullerton, Thomas, who weighed 145-pounds, was on a bench at the Fullerton Transportation Center when six cops exercised "excessive and deadly force" on him "without justification."

The Fullerton police officers allegedly used their fists, objects, a Taser, and other forms of deadly and excessive force to restrain him even though he did not pose a threaten to the cops. The arrest was captured on video by a cell phone and has been viewed over 695,000 times on You Tube.

An autopsy that was conducted rendered inconclusive findings and toxicology results are still pending. Thomas's mom, Cathy Thomas, says her son was stunned with a Taser at least six times. He also sustained severe neck and head injuries from the arrest. Thomas's dad Ron Thomas says that his son sustained two types of severe traumatic brain injuries--one caused by blunt force trauma and the other because his heart stopped. Ron wants murder charges filed.

The six police officers involved in Thomas's arrest have since been placed on administrative leave while the investigation into the alleged incident of Fullerton police brutality takes place. Over 80 witnesses have already been interviewed. Meantime, the FBI is investigating whether Thomas' civil rights were violated. The Orange County District Attorney is also looking into this tragic incident.

According to Ron Thomas, his son suffered from schizophrenia and had not been taking his medication. His arrest is raising speculation over whether cops are trained to properly deal with those who are mentally ill. The National Alliance on Mental Illness wants the city of Fullerton, whose cops aren't specifically trained in dealing with mental illness, to look at its officer training programs and work with families with mentally ill members.

Excessive Use of Force
Police officers must never use excessive and unnecessary force when doing their job. They must also assess any arrest situation when deciding how much force to exert. In many instances, a suspect won't pose any physical danger and should be treated accordingly. In certain instances, some physical force may be required to apprehend someone.

For an unarmed person to die while being arrested--let alone be beaten by six cops--definitely raises questions regarding whether the Fullerton police officers committed Orange County, California police brutality. That said, it is important that you know that excessive use of police force doesn't have to be physical. Emotional violence, verbal assault, sexual harassment, blackmailing, and threats can be acts of police brutality when used by a cop on a member of the public. Not only is excessive use of police force is violation of one's civil rights, but also it can be grounds for a Fullerton personal injury or wrongful death case.

Homeless man's death in encounter with cops brings protests, USA Today, August 14, 2011

Six California police officers placed on leave in homeless man's death, CNN, August 4, 2011

Kelly Thomas' Parents File Claim Against Fullerton, MyFOX LA, August 12, 2011

Related Web Resources:
Police, City of Fullerton

National Alliance on Mental Illness

More Blog Posts:
Newport Beach Wrongful Death Lawsuit Blames Police for Suicide of Man While in Custody, California Injury Lawyers Blog, August 6, 2011

$2.1M Excessive Use of Force Settlement Reached in 2008 Orange County, California Wrongful Death of Inmate Detained by Cops in 2008, California Injury Lawyers Blog, June 29, 2011

Huntington Beach Personal Injury Lawsuit: Man Alleging Police Brutality Claims He Was Choked by Cops, California Injury Lawyers Blog, April 26, 2011

A year after Robert Wedgeworth committed suicide while in police custody, his family has filed a Newport Beach wrongful death lawsuit against the city and members of it police department. According to his loved ones, the 43-year-old man, who suffered from bipolar disorder, was having a manic episode on July 31, 2010 when his wife, Sandy Wedgeworth, called 911 asking for an ambulance to take him to the hospital. Instead, police arrested him on suspicion of spousal abuse and took him to jail.

In their Orange County, California wrongful death complaint, the plaintiffs contend that the cops disregarded the behavioral and physical signs that Wedgeworth was exhibiting indicating that he needed medical help. Within hours of his detention, he hanged himself with bedsheets while in a jail cell. His family is accusing the NBPD of denying him the medical care that he needed.

The city of Newport Beach says the civil suit is without merit and that its police officers followed procedures and had no grounds to think that Wedgeworth posed a threat to himself or anyone else. The DA has said that criminal negligence or malice wasn't involved and that the cops medically screened Wedgeworth and checked on him each hour. However, Sandy Wedgeworth says that what she'd wanted for her husband was the 72-hour detention for observation that is granted under California's Welfare & Institutions Code 5150 for people posing a danger to themselves and others. Police had provided that for him in the past.

It was in January that Sandy Wedgeworth and other family members filed four Newport Beach wrongful death claims against the city seeking about $34 million. In addition to allegedly acting negligently when they put him in a jail cell and deprived him of his right to medical attention, she claims that the Newport beach police may have assaulted her husband. Sandy also says that they jokes about the incident as they were apprehending him. The damages she is seeking include those for loss of a father, loss of a husband, emotional distress, and loss of future earnings.

California Wrongful Death
A party may decide to file an Orange County, California wrongful death lawsuit against those he/she believes was responsible for the death of a loved one. This type of civil complaint allows the plaintiff(s) to seek damages for funeral costs, burial/cremation expenses, medical bills, lost companionship, loss of love (and also care, comfort, moral support, protection, training, assistance, guidance, society, consortium, and affection), lost wages, and lost benefits, while holding the accountable parties liable. In some cases, punitive damages may also be sought.

Every state has its own wrongful death law. In this state you have two years from the date of the accident causing the fatality to file a California wrongful death lawsuit. That said, the sooner you start working with an experienced Newport Beach personal injury law firm that can begin gathering evidence and doing the other necessary steps to prove your case, the stronger your chances for a successful outcome.

Family of man who killed himself in police custody sues Newport, Daily Pilot, August 6, 2011

Family seeks $34 million after man's jail death, OC Register, January 27, 2011

Related Web Resources:
Wrongful Death Claims: An Overview, Nolo

Newport Beach Police Department

More Blog Posts:
Family Files Claim Blaming Newport Beach Police for Orange County, California Wrongful Death of Man who Hanged Himself in Jail, California Injury Lawyers Blog, January 26, 2011

Huntington Beach Personal Injury Lawsuit: Man Alleging Police Brutality Claims He Was Choked by Cops, California Injury Lawyers Blog, April 26, 2011

Buena Park Police Brutality Alleged in 2009 Incident Involving Man Arrested at Knott's Berry Farm Amusement Park, California Injury Lawyers Blog, February 17, 2011

The family of Jason Jesus Gomez has agreed to a $2.1 million excessive use of force settlement over his Santa Ana, California wrongful death. The 35-year-old inmate died a few days after he was involved in a dispute with deputies.

Gomez was at the Orange County jail on a 90-day misdemeanor probation violation when he fractured a nurse's arm on March 25, 2008. At the time, Gomez had been off the medication he was supposed to take for a psychiatric condition for five days. When deputies stepped in to detain him following the incident, he resisted their efforts. Eventually, they were able to restrain him, but not before using a Taser. Gomez was handcuffed, placed in leg irons and a wheelchair, and fitted with a pit mask. It was then that he stopped breathing.

Efforts to revive Gomez proved futile, he was taken off life support on April 1, 2008.

Autopsy results show that Gomez died from "hypoxic ischemic encephalopathy," which indicates that his brain was deprived of oxygen. In their federal lawsuit alleging Orange County, California excessive use of force, Gomez's family claims that the deputies placed the inmate in a physical position that prevented him from breathing properly.

Following Gomez's death, a new department policy was implemented barring deputies from Tasering inmates who had already been subdued by other methods. Reforms were also made to hold deputies that use force accountable.

If you or someone you love was hurt because you believe that law enforcement officers used too much force or abused their authority, you may have grounds for an Orange County, California personal injury case. Many people don't realize that their rights have been violated and often don't speak out to report what has happened.

Cops, deputies, state highway patrol officers, county police, and CHP are in the unique position where using force can sometimes be part of their job description. That said, they cannot misuse that power or someone may get hurt.

Just this week, Wanda Johnson, Oscar Grant III's mom agreed to a $1.3 million California wrongful death settlement. Grant, 22, died after he was shot by a BART police officer on a train station platform in Oakland on January 1, 2009. Officer Johannes Mehserle, 29, said he thought he was pulling out his Taser, not his pistol, when he aimed it at Grant, who was already lying face down on the ground following a fight in his rail car. . BART also settled with Grant's young daughter Tatiana for $1.5 million. Grant's dad and a number of his friends who were with him also filed lawsuits.

BART will pay $1.3 million to Oscar Grant III's mother, Los Angeles Times, June 29, 2011

Family gets $2.1 million in jail death, OC Register, July 1, 2011

Related Web Resources:
Orange County Sheriff's Department

BART

Hypoxic ischemic encephalopathy

More Blog Posts:
Huntington Beach Personal Injury Lawsuit: Man Alleging Police Brutality Claims He Was Choked by Cops, California Injury Lawyers Blog, April 26, 2011

San Bernardino Police Brutality Alleged by Man Who Claims He Has Video Evidence, California Injury Lawyers Blog, March 17, 2011

Buena Park Police Brutality Alleged in 2009 Incident Involving Man Arrested at Knott's Berry Farm Amusement Park, California Injury Lawyers Blog, February 17, 2011

Kevin Anastasi is seeking Huntington Beach personal injury damages from the city. He claims that he was the victim of Orange County, California police brutality and false arrest in April 2009.

Anastasi had called police to report that there were two dogs loose in area. He then held a metal pole to protect himself from the animals. When they arrived, he says they drew their weapons, demanded that he "drop the weapon, (expletive)," made him get on the ground, and choked him until he became unconscious. Anastasi contends that he let go of the pole as soon as the police issued their order.

He was arrested and charged him with resisting arrest. Anastassi pleaded not guilty to the charges in May 2009, but the criminal case against him was dismissed last August.

He is seeking at least $25,000 in Huntington Beach injury damages. Anastassi claims that not only was he hurt during his arrest but he also incurred medical bills.

Police Brutality
Excessive use of force or violence of any kind by a police officer is against the law and a violation of the victim's constitutional rights. Many people don't realize that a wrong has been done to them or they may be too scared to tell anyone what happened. You could be entitled to Huntington Beach police brutality compensation for the harm that you suffered.

Other examples of police violence:
• Sexual assault
• Verbal abuse
• Emotional abuse
• Threats
• Physical assault
• Molestation
• False arrest

Lawsuit: Police choked H.B. man to unconsciousness, OC Register, April 21, 2011

Related Web Resource:
City of Huntington Beach, California

More Blog Posts:
San Bernardino Police Brutality Alleged by Man Who Claims He Has Video Evidence, California Injury Lawyers Blog, March 17, 2011

Buena Park Police Brutality Alleged in 2009 Incident Involving Man Arrested at Knott's Berry Farm Amusement Park, California Injury Lawyers Blog, February 17, 2011

$3.5 Million Riverside County Wrongful Death Lawsuit Reached in Excessive Use of Police Force Fatality, California Injury Lawyers Blog, July 31, 2010

In a federal lawsuit filed in Los Angeles County, Dennis Cruz is suing San Bernardino County and several sheriff's deputies for excessive use of force. He says he has videotaped evidence.

In his San Bernardino County police brutality complaint, Cruz contends that police assaulted him on March 6, 2009. He says that while at a Circle K in Hesperia, a deputy came up to him to ask for his driver's license. The cop then asked him if he belonged to the El Salvadorean gang Mara Salvatrucha before threatening to have him deported.

Cruz, who is not a US citizens has Temporary Protected Status. This means that the Department of Homeland Security allowed him to stay here while it remains unsafe for him to go back home.

The plaintiff claims that after the deputy drove him to the sheriff's building, an officer pushed his head against the wall while five deputies assaulted and restrained him. Cruz was later charged with assaulting a cop. He pleaded guilty to a lesser charge.

Unnecessary and excessive use of police force is misconduct and may be considered an act of police brutality. Sometimes a police officer may exert excessive force while doing his/her job, such as when detaining a suspect or trying to calm a crowd. It doesn't matter what the reason. It is wrong for a cop to ever use excessive force, which is a violation of the victim's rights and can cause serious California personal injuries.

If you believe that a cop used unnecessary force when questioning, arresting, detaining, or holding you in custody, do not be afraid to talk to a San Bernardino County personal injury lawyer to find out if you have grounds for a case. Law enforcement officers have a responsibility not to abuse their authority. Unfortunately, police brutality does happen.

Man Claims He has Videotape of San Bernardino Deputies Beating Him Unconscious, LA Weekly, March 14, 2011

Related Web Resources:
San Bernardino County Sheriff

Police Brutality: The Use of Excessive Force"

More Blog Posts:
$20M Orange County, Wrongful Death Lawsuit Accuses Santa Ana Police of Shooting Man in the Back of the Head, California Injury Lawyers Blog, February 3, 2011

Laguna Beach and Orange County, California Settle Taser Lawsuit by Dana Point Man in Wrongful Arrest Case, California Injury Lawyers Blog, November 19, 2010

Anaheim Police Brutality: Former Cop Convicted of Sexual Assault, California Injury Lawyers Blog, May 18, 2010

Brian Lamar Love has filed a federal lawsuit accusing Buena Park police of Orange County, California police brutality. Love claims that during Halloween Haunt at Knott's Berry Farm in 2009, officers Tasered him several times, squeezed his genitals, and struck him with a baton. The 31-year-old Pasadena man claims he did nothing to provoke then.

Love, who was arrested on suspicion of battery on a peace officer and interfering with a police animal, was acquitted by a jury on five counts. A sixth count was later dismissed.

According to Love, he and friend Derica Johnson were in line to get on the GhostRider roller coaster when he left the line to use the bathroom. When he returned to the ride area, the park's security accused him and his friend of trying to cut in line. They told them to leave the park.

Per the federal lawsuit claiming Buena Park personal injury, city cops escorted Johnson and Love to the tunnel that links the amusement park to the main parking lot. Love claims that he then gave Sgt. Michael Lovchik a "man hug" to show he didn't have any hard feelings and that this was when the officers started to assault him. Love then slipped on a wet incline, hitting the horse that one of the cops was on. The animal fell to the ground and that was when another cop allegedly Tasered him several times while another squeezed his testicles.

Police Brutality
Police brutality can cause serious injuries and violates the victim's civil rights. Unfortunately, many incidents of excessive use of police force never come to light because people don't realize that what happened to them was wrong and against the law. Police brutality doesn't have to be an extreme act of physical violence. In some instances, verbal abuse or unnecessary/excessive user of a Taser can be acts of police violence. A police shooting can also be an incident of excessive force especially if the suspect could have been apprehend in less forceful ways.

Suit: Police abused man after 'man hug', The OC Register, February 17, 2011

Related Web Resources:
Knott's Berry Farm

Buena Park Police

More Blog Posts:

$20M Orange County, Wrongful Death Lawsuit Accuses Santa Ana Police of Shooting Man in the Back of the Head, California Injury Lawyers Blog, February 3, 2011

Los Angeles County Wrongful Death Lawsuit Expected in Police Shooting of Long Beach Man Holding Hose Nozzle, California Injury Lawyers Blog, December 17, 2010

Laguna Beach and Orange County, California Settle Taser Lawsuit by Dana Point Man in Wrongful Arrest Case, California Injury Lawyers Blog, November 19, 2010

The U.S. 9th Circuit Court of Appeals says ex-prisoner Dion Starr can sue Los Angeles County Sheriff Leroy Baca for personal injury. Starr was stabbed 23 times in 2006 while behind bars. He contends that Baca knew that the conditions in the jail were dangerous yet displayed "deliberate indifference."

Yesterday, the appeals court ruled 2-1 that Baca isn't immune from Starr's Los Angeles injury lawsuit, and that the complaint, which had been tossed by a federal judge, will now go back to district court for the civil trial. The appeals court's majority ruling says that although the US Supreme Court's decision protects officials from liability against subordinates' illegal actions, that protection doesn't extend to rights violations of those in custody when the supervisor either had "knowledge of and acquiescence" of behavior that was unconstitutional.

Starr says that Baca had been warned repeatedly about the unsafe conditions in the jail. Among the notifications was a report issued by Special Counsel Merrick Bobb in 2005 about numerous cases of misconduct over five years. The report also notes that with the array of security flaws and problems with understaffing.

Starr contends in his Los Angeles personal injury lawsuit that when he called for help after Latino gang members threatened to attack him and his fellow African American cellmate, the deputy that came over unlocked the door to his cell. This allowed his attackers to come in and assault him. In addition to the 23 stab wounds that he sustained, Starr, who injured his head, now has a piece of metal in his skull.

Even if you have been convicted of a crime, you are still entitled to certain protections and there is no reason why you should be allowed to become the victim of police brutality or prisoner violence. Law enforcement officers and the government are responsible for providing you with a safe environment--regardless of whether you are in jail for an hour or in prison for years.

Suit alleging dangerous conditions in Sheriff Lee Baca's county jail moves forward, Los Angeles Times, February 12, 2011

DION STARR V. COUNTY OF LOS ANGELES, 09-55233, 9th Circuit Appeals Court

Related Web Resources:
Los Angeles County Sheriff's Department

Prisoners' Rights, Cornell University Law School

The family of Andres Ramirez have filed a $20 million Santa Ana, California wrongful death lawsuit against city police. Ramirez was shot in the back of the head by cops on December 10, 2011.

The 21-year-old man was in an alley on Poplar Street when he was shot. Police say that officers went there because they had received a report that there were gang members in the alley. They claim that when one of the cops saw Ramirez, he wielded a knife at them.

The family's Orange County, California wrongful death complaint, however, says that his hands were in the air when an officer came up to Ramirez from behind and shot him in the head. They also claim that the report that he was carrying a knife is "blatantly false."

Ramirez, who was visiting from North Carolina, had moved away from Santa Ana when he was 7 and his trip back last year was his first time back. He leaves behind a fiancé and two children, 20 months and 8 months, and his stepmother. The family says he was in Santa Ana looking for a job, did not belong to a gang, and did not own any weapons.

They are seeking compensation for the kids' loss of their father, the value of his life, the pain and suffering he experienced, and burial and funeral expenses.

Excessive Use of Force
There is a lot of work that must go into successfully pursuing financial recovery for excessive use of police force. In addition to the examination of evidence and police reports, there will likely be conflicting accounts of what happened. Witnesses may be afraid to step forward out of fear.

Police must never use unnecessary or excessive force when apprehending a suspect. It is against the law and can be grounds for Orange County, California personal injury recovery.

Family seeks $20 million, 'justice' for deadly police shooting, The OC Register, February 2, 2011

In-Custody Death and Police Killing of Andres Ramirez Put DA's New Disclosure Policy to the Test, OC Weekly, December 14, 2010

Related Web Resource:
Santa Ana Police Department

The family of Doug Zerby say that they intend to sue the Long Beach Police Department for his Los Angeles County wrongful death, as well as for battery and negligence. Zerby, 35, died on Sunday when he was shot by cops. At the time, the Long Beach man, who was too drunk to drive, was sitting on a friend's porch and playing with a hose nozzle.

A neighbor thought that Zerby was waving a gun-like item and contacted police. The authorities who arrived at the scene say that they shot at the Long Beach man because they believed he was pointing a gun at one of them.

According to a probe conducted by the family's lawyer, police had enough time to identify themselves to Zerby and to figure out whether he was in fact carrying a weapon before having to resort to killing him. The attorney described the Long Beach wrongful death shooting as an "ambush." He also said that Zerby's body had 21 holes in it, which were the entrance and exit wounds from the bullets. Three wounds on Zerby's chest indicate that he was not pointing the nozzle at cops when they shot him.

The cops involved said that they ordered Zerby to let go of his weapon. However, the family's lawyer doesn't even think that Zerby was aware that the cops were there. He claims that witnesses say that Zerby turned toward the police when he heard a noise and that is when they fired at him. According to the Los Angeles Times, the Long Beach Police Department has a history of frequent shootings involving cops.

Excessive Use of Police Force
Police offices must never use unnecessary and excessive force when doing their job. Too many people have been injured or died because officers failed to follow procedures, went for their gun, or used physical force too soon or without just cause. Regardless of whether or not the cops involved are charged in criminal court, you may still be able to hold them liable in civil court by filing a Los Angeles police brutality or excessive use of force lawsuit to obtain damages for your personal injuries or a loved one's wrongful death.

Man carrying water nozzle was shot 10 to 12 times by Long Beach police, family's attorney says, Los Angeles Times, December 17, 2010

Statement Released By Doug Zerby's Sisters, LBReport.com, December 16, 2010

Related Web Resources:
Long Beach Police Department

Police Use of Force, National Institute of Justice

A case of mistaken identity led to the wrongful arrest and Tasering of Dana Point resident Skip Torrance in his bedroom on September 2008. Now, Torrance has settled his Orange County, California excessive use of force lawsuit against the county and the city of Laguna Beach for $380,000.

Torrance, says he was sleeping in his bed when he felt someone tug at his boxers. He woke up to discover Laguna Beach sheriff's Deputies Jason Mann and Jose Pelayo in his room. One of the officers shocked him with a Taser.

The deputies had gone Torrance's home because they thought he had participated in a brawl outside a Laguna Beach restaurant that had taken place earlier that evening. However, when the victims of that dispute saw Torrance they said that he was never involved.

The sheriff's deputies had sought Torrance out after a woman who saw him and thought he appeared suspicious contacted Laguna Beach police and gave them his license plate number. The police linked the description back to the incident at the restaurant.

Claiming that Torrance had lunged at him when they tried to apprehend him at his home, the deputies arrested him. He was transported to the Orange County jail before being released on bail. However, citing insufficient evidence, prosecutors ended up not charging Torrance with resisting a peace officer.

Under the terms of Torrance's Orange County, California excessive use of force and wrongful arrest settlement, the county is paying him $300,000 and the city of Laguna Beach is paying him $80,000.

Excessive Use of Force
Police officers are not allowed to use unnecessary or excessive force when detaining anyone. They also must respect a person's civil rights even if he/she has been arrested for, charged with, or convicted of a crime. Excessive use of force or police brutality can be grounds for an Orange County, California injury complaint. Not only can excessive use of force cause serious injuries, but the experience can be incredibly traumatic for the victim.

Man stunned by deputies in his bedroom gets $380,000, OC Register, November 19, 2010

A Victim of Mistaken Identity Upset by Deputies' Actions, Laguna Beach Independent, September 12, 2008

Related Web Resources:
Orange County, California

Laguna Beach, California Police