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California Man Awarded $10,000 by Federal Jury After LAPD Assault

by Christopher Zoukis

     A California man, who was stopped, searched and assaulted by LAPD officers while he was walking home, was awarded $10,000 by a federal jury on his claim of unreasonable search and excessive force.

     On July 4, 2008, Jose Magallon said he was walking home when he was stopped by Los Angeles Police Officers Joseph Getherall and Frank Garcia. Magallon claimed that he was searched and assaulted, suffering a fractured nose, facial bruises and lacerations. He was taken to Good Samaritan Hospital where he was treated, then transported to the City of Los Angeles Jail. He remained in jail until July 7. No charges were filed.

     On August 14, Magallon sued Getherall, Garcia and the City of Los Angeles in federal court, alleging due process violations, excessive force and unlawful detention. He argued that the officers had no probable cause to arrest him because he was not engaged in any criminal activity.

     On September 11, 2009, the jury issued a verdict against Garcia for unreasonable seizure by excessive force but for the defendants on the remaining claims. Magallon was awarded $1,500 in economic losses and $8,500 in non-economic losses. A settlement was reached between the remaining parties on September 17.

 See: Magallon v. City of Los Angeles, et al., United States District Court for the Central District of California, Case No. 2:08-cv-05329 (Sept. 11, 2009).

 

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Related legal case

Magallon v. City of Los Angeles, et al., United States District Court for the Central District of California,

 

 

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