Willis Last Amended Complaint - 1
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Transcript of Willis Last Amended Complaint - 1
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
Plaintiff, TYLER WILLIS, by and through his Attomeys, Sonia Mercado &
22 :i Associates, for his Fourth Amended Complaint against Defendants, states as follows:
JURISDICTION
This is a civil rights action arising from Defendants' brutal beating, unreasonable
search and seizure, taunting and ridiculing of Tyler Willis a pretrial detainee at Lo
Angeles County Men's Central Jail (hereinafter "MCJ") on October 16,2009,
10-07390 JAK - 4TH Amended Complaint
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1 Sonia M. Mercado (SBN: 117069)SONIA lVIERCADO & ASSOCiATES
2 5711 W. Slauson Avenue~ Suite 100Culver City, California 9u230
3 Tel: 310-410-2981- Fax: 310-410-2957E-mail: [email protected]
4 Counsel for Plaintiff TYler H. Willis
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10 TYLER H. WILLIS~
II Plaintiff,
12 v.
13 ANTHONY D. VASQUEZ, MARK V.
14FARINO, PEDRO L. GUERRERO,JORGE F. SANCHEZ, COUNTY OF
15 LOS ANGELES, LOS ANGELESCOUNTY SHERIFF'S
16 DEPARTMENT, SHERIFF LEEBACA, CAPTAIN DANIEL S. CRUZ,
17 LT. XA VIER AGUILAR, SGT.
18 CHARLES MCDANIEL, ET. AL, andDOES 1-10.
19 Defendants.
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flLEO
1012 HOV28 PH 3: 57CL~!<K us. DISTRICT COURT
Ct.NmAL nst OF CALIF.LOS ANGELES
BY=_ ._----
CASE NO. CV 10-07390 JAK (DTB)
[Hon. Judge John A. Kronstadt]
FOURTH Al\1E DED COlVIPLAINTFOR DAl\1AGES ANDDEMAND FOR JURY TRIAL
Case 2:10-cv-07390-JAK-DTB Document 165 Filed 11/28/12 Page 1 of 16 Page ID #:1156
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upon 28 U.S.C. ~~ 1331 and 1343(a)(3) and (4), and the aforementioned statutory
and constitutional provisions. Plaintiff further invokes the supplemental
jurisdiction of this Court pursuant to 28 US.c. §1367 to hear and decide claims
arising under state law.
depriving him of his right to access to the court's and of due process of law. This
action is brought pursuant to 42 U.S.C. §§ 1983 and 1988, the Fourth and
Fourteenth Amendments to the United States Constitution. Jurisdiction is founded
PARTIES AND PROCEDURES
Plaintiff TYLER WILLIS (hereinafter referred to as "Plaintiff'), brings this action
against ANTHONY D. VASQUEZ, MARK V. FARINO, PEDRO L.
GUERRERO, JORGE F. SANCHEZ, SHERIFF LEROY BACA, CAPTAINS
DANIEL S. CRUZ, LT. XAVIER AGUILAR, and SGT. CHARLES MCDANIEL
in their individual capacity, the COUNTY OF LOS ANGELES, the LOS
ANGELES COUNTY SHERIFF'S DEPARTMENT and Does 1 through io,
inclusive.
Defendant COUNTY OF LOS ANGELES (hereinafter "COUNTY"), is a chartered
subdivision of the State of California with the capacity to sue and be sued under
state law and Cal. GOY. Code ~91 0 et seq. It owns, operates, manages, directs and
controls Defendant LOS ANGELES COUNTY SHERIFF'S DEPARTMENT
(hereinafter "LASD"), also a separate public entity, which employs Defendants an
Doe Defendants in this action. COUNTY is responsible for the actions, omissions
policies, procedures, practices and customs of its various agents and agencies,
including the LASD, and its agents and employees acting within the course and
scope of their agency. COUNTY was responsible for assuring that the actions,
omissions, policies, procedures, practices and customs of the LASD and its
employees and agents complied with the laws and the Constitution of the United
States and of the State of California.
10-07390 JAK - 4TH Amended Complaint
Case 2:10-cv-07390-JAK-DTB Document 165 Filed 11/28/12 Page 2 of 16 Page ID #:1157
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Defendant SHERIFF LEROY BACA (hereinafter "BACA") is and was at all times
mentioned herein the Sheriff of Los Angeles County. He was charged by law and
was responsible with the administration of defendant LASD and its employees, an
for the supervision, training and hiring of persons, agents and employees working
within said LASD, including supervisory officials, deputies, custody personnel.
BACA is sued in his personal and individual capacity as a supervisory official for
his own culpable actions or inactions.
Defendants CAPTAIN DANIEL S. CRUZ ("CRUZ"), WATCH COMMANDER
LT XAVIER AGUILAR ("AGUILAR"), and SGT CHARLES MCDANIEL
("MCDANIEL"), were at all times herein line supervisors, sergeants, lieutenants,
watch commanders, captains, investigators and were on duty at the MCl on or
about the time of this incident, are sued in their personal and individual capacity a
supervisors. They were cbarged by law and were responsible with the
administration of the jail and its custodial facility, its deputies, civilian officers an
line supervision, for training and supervising its officers, and deputies including to
ensure deputies compliance with policies and procedures.
Defendants Deputies ANTHONY D. VASQUEZ, MARK V. FARINO, PEDRO L.
GUERRERO, SR. DEPUTY JORGE F SANCHEZ, and Does 1 through] 0 were
at all times mentioned herein, deputies, custodial staff, and were employees of
COUNTY and LASD, acting under color of law. They were charged by law and
were responsible with the care, security, supervision, and safety of inmates, such as
Plaintiff, and were responsible for ensuring that Plaintiffs constitutional and
statutory rights were not violated. It was their duty and responsibility to protect
inmates, such as Plaintiff from excessive use of force by deputies; and, to report
deputy wrongful conduct that resulted in the infliction of un wan anted force or
violence against inmates such as Plaintiff.
The true names and capacities of Defendants sued herein as DOES 1-10 CDoe
Defendants") are of line supervisors, deputies or civilian employees, who are
10-07390 lAK - 4TH Amended Complaint
Case 2:10-cv-07390-JAK-DTB Document 165 Filed 11/28/12 Page 3 of 16 Page ID #:1158
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on inmates was rampant.
unknown to Plaintiff, who therefore sues said Doe Defendants by such fictitious
names. Upon learning their nexus to this incident and their true identity, Plaintiff
will move to amend this Fourth Amended Complaint to show their true names and
capacities. Doe Defendants were at all times mentioned herein employees or agent
of COUNTY and LASD, and at all times acted within the course and scope of that
relationship.
Whenever reference is made in this Fourth Amended Complaint to any act by
Defendants and Doe Defendants, such allegations and references will also be
deemed to mean the acts and failures to act of each Defendant individually, jointly
or severall y.
Exhaustion of Administrative Remedies: on February 4, 2010, Plaintiff timely
and properly filed tort clai m pursuant teLa/. Gov. Code § 910 et seq. and on May
6,2010, Defendants denied the claim. Plaintiff has complied with the state claims
statute and as to all state claims, this action is timely filed
PRELIIVIINARY FACTUAL ALLEGATIONS
On October 16, 2009, Pl aintiff was a pre-trail detainee housed in the 2000 Floor
of MCJ, in the custody of BACA and Defendants. It was well known at this
time by all Defendants and LASD chain of command that an inordinate amount
of violence and half the MC] killings occurred in the 2000 Floor; that a problem
of narcotic trafficking existing in the 2000 Floor; that some Me] employees(s)
were bringing drugs into MC] through the 2000 Floor; and that deputy violence
Defendants knew that many deputies belong to gangs inside the jails, and
particularly in the 2000 and 3000 floors. Like members of street gangs, these
deputies sport tattoos to signal their gang association, including using gang like
gestures. They beat up inmates to gain prestige among their peers, and "earn
their ink" bv breaking inmates' bones. They seek to control the jails, and to a
significant degree they do control the areas where they work.
10-07390 ]AK - 4TH Amended Complaint
Case 2:10-cv-07390-JAK-DTB Document 165 Filed 11/28/12 Page 4 of 16 Page ID #:1159
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Such a deputy gang operates on the 2000 Floor of Mel. Oninfonnation and
belief, these deputy gang members call themselves the "2000 Boys" and
designate their gang membership with tattoos of a Roman numeral "II" on their
legs. A similar deputy gang, the "3000 Boys," is named for the third floor of
MCJ. Members of the 3000 Boys, who sport a "3000" tattoo on the backs of
their necks, inflict violence on inmates, foment violence among inmates, and
even deploy violence on other deputies who resist their abusive practices. The
2000 Boys and 3000 Boys have been operating with the knowledge, ratification
and acquiescence of BACA, Defendant supervisors and other high ranking
officials.
Inmates in LASD Jails live in fear of deputy violence. Itis typical for deputies
to subject unresisting inmates to grossly excessive force by slamming inmates'
heads into walls, punching them in the face with their fists, kicking them with
their boots, and shooting them multiple times with their tasers. These beatings
result in serious inj uri es to the inmates, including broken legs, fractured eye
sockets, shattered jaws, broken teeth, severe head injuries, nerve damage,
dislocated joints, collapsed lungs, and wounds requiring dozens of stitches and
staples. Deputies also enlist, encourage or facilitate other inmates to CatTYout
savage attacks on other inmates.
This deputies' violence is not the work of a few rogue deputies, but a systemic
problem that has continued unchecked. It existed before this incident and has
continued thereafter.
FIRST CLAIlVI
AGAINST DEFENDANTS VASQUEZ, FARINO, GUERRERO AND
SANCHEZ FOR UNREASONABLE SEARCH AND SEIZURE, USE OF
EXCESSIVE FORCE.
Plaintiff restates paragraphs 1-14 above and all paragraphs following this claim
as though fully set forth herein.
10-07390 JAK - 4TH Amended Complaint
Case 2:10-cv-07390-JAK-DTB Document 165 Filed 11/28/12 Page 5 of 16 Page ID #:1160
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Un reasons ble sea rch and seizu re - Sadistic and Humiliating Strip Search
On October 16, 2009, while housed in Module 2700, cell 4, Plaintiff observed
Vazquez taunting an old man inmate and causing him to cry and become
extremely distraught. As Vazquez walked away Plaintiff told the old man it was
best to keep quiet. Vasquez apparently heard Plaintiff and minutes later ordered
him to step out of his cell and row, saying, "So you wanna fucking be nosey
huh? Take it to the hallway." The 2000 hallway is a public area frequented by
medical staff, deputies, non custody civilian men and women including
maintenance, delivery, health care providers, other inmates.
Vasquez ordered Plaintiff to place both hands behind his head, face the wall, an
take off his clothing keeping his boxers all. Defendants Farino, Guerrero, Doe
Defendant I and Senior Deputy Sanchez approached. One of the deputies
asked, "what did you say to the guy that just came in?" Anotber asked, "what
the fuck are you in jail for anyway dude?" When plaintiff responded that he did
not want to talk about it, Vasquez scorned, "he's a fucking piece of shit!' and
then ordered Plaintiff to take his boxers off." Plaintiff complied.
Vasquez, wi th all Defendants joining in, then ordered Plaintiff to "squat down
like a catcher and cough three times," repeating this command more than 7
times, saying "cough louder dude, what the fuck are YOLl waiting for? Cough."
Vasquez was flashing his flashlight into Plaintiffs anal cavity area in plain vie
of all passing by, while simultaneously and continuously taunting, ridiculing an
laughing at Plaintiff. Plaintiff was greatly humiliated. All defendants agree that
Plaintiff complied at all times.
Defendants knew or should have known that "strip searches" and body cavity
searches at MCJ are prohibited in a public area. LASD policies mandate that,
26 \1-------1\ I All deputies and officers in LASD and MC] have computer access that reveal
27 \, to them the cnminal charges against any inmate lnmates are not required to
28 \~ discuss charges against them with deputies. . .\ 10-07390 JAK - 4TH Amended Complaint\-6-
Case 2:10-cv-07390-JAK-DTB Document 165 Filed 11/28/12 Page 6 of 16 Page ID #:1161
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"Personnel conducting searches shall take all reasonable measures to protect the
inmate form undue distress or embarrassment. Every effort shall be made toconduct these searches in an area of privacy so that the inmate cannot be
observed by persons not participating in the search."
Cruel and Unusual Punishment - Brutal Beating of Plaintiff:
Deputy Vasquez then ordered Plaintiff to enter module 2700 and to put both his
hands behind his head and face the wall. Plaintiff complied. Vasquez then
maliciously and violently pressed two fingers into Plaintiff's neck, inflicting
severe sharp pain and provoking Plaintiff's reaction to recoil from the sharp neel
pain. Immediately all Defendants jumped in to brutally beat Plaintiff without
j ustifi cati on.
Defendant Vasquez reports punching Plaintiff 2-3 times in the face with both
fists He repeatedly struck Plaintiff with his flashlight to hi s legs. Defendant
Guerrero reports deploying his X26 taser, fired at Plaintiff's stomach, hands and
struck Plaintifl.5-6 times on both ankles with his flashlight. Defendant Farino
reports that he punched Plaintiff 4-5 times in his face; he punched Plaintiff 2
times in the head with his fists; he hit Plaintiff in the left side of his back with hi
fist about 4 times; and he bit the left side of his back with his right knee about 3-
4 times. Plaintiff tried to protect himself but never retaliated.
At olle point, somebody yelled "Ya Stuvo" [a Spanish expression for 'that's
enough '] and Defendants stopped the brutal attack except for Vasquez, who
continued to use his flashlight again and again beating Plaintiff's legs and thigh
Plaintiff was left lying in the 2700 Module floor incapacitated, in excruciating
pain, bleeding, and unable to move. Plaintiff's face was so puffed he heard a
nurse gasp, "he looks like an alien." He was unable to hold his weight or walk,
and a deputy dragged him outside the module to the 2700 tloor hallway.
Defendant Sr. Deputy Sanchez was the supervising deputy, directly working
under Sgt. McDANIEL during this incident. He had an affirmative duty to stop
Case 2:10-cv-07390-JAK-DTB Document 165 Filed 11/28/12 Page 7 of 16 Page ID #:1162
Plaintiff was taken theMCJ medical where Lt. AGUILAR did a videotaped
interview of Plaintiff (see ~32 infra), and then Plaintiff was transported to the
hospital for medical care and treatment. The f1ashlight strikes fractured
Plaintiffs right leg fistula in two areas, requiring a full leg cast; he had wounds
to his head; large bruises throughout his body; taser burns to his stomach; his
eyes were beaten, black and blue and closed shut; he had a displaced fracture of
left nasal process of maxilla and had difficulty breathing; extensive bilateral
facial swelling; be could only move with a wheelchair. Plaintiff suffered severe
15 physical pain which continued thereafter.
16 Retaliation to Cover Up Defendants' Wrongful Conduct, Violation of Due
17 Iprocess, and Denial of Access to Courts.r
1825. On October 17,2009, upon returning to IVlCJ from the hospital, due to his
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his subordinates' brutality on Plaintiff, to report their misconduct to his
superiors, and to protect Plaintiff from this deputy violence. Sr. Deputy Sanche
took no corrective measures to discipline or ensure that his subordinate
deputies' misconduct was apprehended. Contrarily, he joined in this brutal
misconduct by assisting the deputies and/or by participating in covering up their
misconduct.
ongoing injuries and severe pain, Plaintiff continued requiring medical care and
treatment and was housed in a medical module. His face and eyes were swollen
his hands hurt and his broken leg throbbing with severe pain requiring daily
medication and nursing care. Defendants and LASD officers further retaliated
against Plaintiffby punishing him with disciplinary segregation (called the
"hole"), taking all privileges away (no phone or contact with attorney/family, no
access to the courts and no visits) and threatening to file false criminal charges
against him for assault on a police officer. Deputies would stop by hi s cell to
harass him stating "What bappened to you? You look like you got run over by
train ... look at the piece of shit from 2700."
10-07390 JAK - 4111 Amended Complaint
Case 2:10-cv-07390-JAK-DTB Document 165 Filed 11/28/12 Page 8 of 16 Page ID #:1163
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Plaintiff had a pending court hearing scheduled for October] 9, 2009, but
Defendants refused to take him, causing him to miss a total of6 court bearings
and depriving him wilfully of access to the courts. In court, his father heard
deputies tell the judge that Plaintiff was lost in the jail and they didn't know
where he was.
As a direct result of Defendants Vasquez, Guerrero, Farino and Sanchez's
wrongful conduct Plaintiff suffered severe physical pain, severe injuries on his
face, head and body, back pain, headaches, pain to his leg and inability to walk,
inability to sleep, anxiety, fear, depression, emotional distress, and humiliation.
Plaintiff's injuries entitled him to compensatory and punitive damages accordin
to proof as to the individual defendants and to attorney fees and costs.
SECOND CLAI1VI
13 AGAINST DEFENDANT SHERIFF LEROY BACA, CAPT. DANIEL S. CRUZ,
14 WATCH COl\1lVIANDER XAVIER AGUILAR, SGT. CHARLES l\1CDANIEL
15 IN THEIR PERSONAL CAPACITY FOR FAILURE TO TRAIN, SUPERVISE,
16 TAKE CORRECTIVE ACTIONS CAUSING CONSTITUTIONAL
17 VIOLATIONS.
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Plaintiff restates paragraphs 1-28 above and all paragrapbs following this Secon
Claim as though fully set forth herein.
Sheriff BACA knew or reasonable could have known, of his subordinates'
ongoing constitutional violations, fail me to investigate and abate incidents of
deputy use of excessive force 011 inmates, failure to protect to provide reasonabl
security at the jail. He failed to act to prevent deputy violence and acquiesced,
condoned or ratified a custom, practice or policy of his subordinates ongoing
misconduct in the constitutional deprivations which led to the allegations herein
BACA is sued for his own culpable action or inaction in the training, supervisor
or control of his subordinates and for his conduct that showed a reckless or
callous indifference to the rights of inmates such as Tyler Willis. BACA's
10-07390 JAK - 4TH Amended Complaint
Case 2:10-cv-07390-JAK-DTB Document 165 Filed 11/28/12 Page 9 of 16 Page ID #:1164
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affirmative conduct involves his failure to implement policies, rules or directive,
or to enforce them, which actions and/or inactions set in motion a series of acts
by others whicb he knew or reasonably should have known, would cause others
to inflict the constitutional violations alleged herein.
Capt. CRUZ, Lt. AGUILAR, and Sgt. MCDANIEL were line supervisors
involved in the investigation and supervision of their subordinate deputies durin r
and following this incident.
After the incident Plaintiff was dragged out of 2700 module and taken to the
MC] medical unit where Lt. AGUILAR conducted a videotaped interview of
Plaintiff as he laid listless and visibly brutally beaten in a Gurney. AGUILAR
and/or his subordinate read Plaintiff the "Miranda right," intimating that Plaintif
would be charged with a crime if he spoke. Lt. AGUILAR failed to investigate
(or performed a shoddy investigation) or report this incident to his superiors and
internal affairs, he failed to take corrective measures and to hold his subordinate
accountable.
Sgt. MCDANIEL was the 2000 floor sergeant on duty and directly responsible
for the conduct of Defendant deputies. He presumably observed Plaintiff. He
covered up the excessive LIseof force and reported that the beating of Plaintiff
was objective and reasonable, that it had been properly reported, and that
Defendant Deputies' use of force was within department policy.
Capt. CRUZ reviewed the incident report and the supervisor's incident reports.
He knew or should have known that Plaintiff was taken to the hospital for
medical care and treatment, which event would alert him to the seriousness of
Plaintiff's injuries He signed the content oftbe supervisor's report with
approval.
LASD Cap! Michael Bornman reported to the County Commission on Jail
Violence that Capt. Daniel S. CRUZ, (the MCJ Captain involved here) was
known to "laugh off his deputies?' violence and excessive use of force against
10-07390.TAK - 4Tll Amended Complaint
Case 2:10-cv-07390-JAK-DTB Document 165 Filed 11/28/12 Page 10 of 16 Page ID #:1165
These supervisor Defendants failed to ensure the enforcement of LASD policies
procedures and regulations; they took no action to investigate (or did a shoddy
investigation), and they failed to discipline and to take corrective measures with
the wrongful conduct of their subordinates. Instead they condoned, ratified and
essentially covered up the Defendant Deputies brutal beating. Their actions and
inacrions set ill IIIorion a series of acts by others which they knew or reasonably
should have known, would cause others to inflict the constitutional injury and
12 prevent ongoing misconduct by their subordinates.
13 1\110 re Than a Decade of Knowledge and Notice to High Level LASD Supervisors
14 of Ongoing Deputy Violence and l\1isconduct.
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Sheriff BACA, Capt. CRUZ, Lt. AGUILAR, Sgt. McDANIEL and other high
ranking officials became aware, or should have become aware, of repeated
incidents of supervisors failing to supervise subordinates who were deliberately
inmates by joking and intimating to his deputies that they could beat inmates as
long as the use of force or beating was "not in the face" of the inmate. Capt.
Bornman reported that Capt. CRUZ did 110tinvestigate instances of deputy
excessive force.
Plaintiff is informed and believes and thereon alleges that prior to this incident
and subsequent hereto, BACA knew or reasonably should have k11ow11,that
sheriff deputies and custody personnel employed by COUNTY and LASD, in th
course and scope of their employment under color of law, committed similar act
of deputy's violence on inmates, failure to report such violence, failure to
investigate deputy misconduct and violation of inmates' constitutional rights an
ongoing use of excessive force on inmates, and delayed or denied inmates'
access to 111ed ical care.
indifferent to:
lncidents of deputies using excessive force on inmates;
10-07390 JAK - 4TH Amended Complaint
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Incidents of using disciplinary segregation after deputies' use of excessive force
on the inmates:
Incidents of deputies and supervisors adhering to a "code of silence" and/or
cover up resulting in failures to report deputies' wrongful and unconstitutional
conduct;
Incidents of supervisors and high level officers condoning, ratifying, acquiescin ,
or encouraging deputy violence on inmates and wrongful conduct resulting in
senous injuries to inmates;
Incidents of failing to conduct investigations or conducting shoddy
investigations of incidents of deputy misconduct;
Deputies forming gang-like societies, sporting tattoos and used gang-like
symbols, such as deputies in the 2000 and 3000 floor;
Failure to take corrective measures, to train, and/or reprimand subordinates'
wronuful conduct andc: ,
Failure to timely and promptly perform investigations into jail violence resultin
in inmates' death and/or serious injuries.
[11 1999, under threat of a lawsuit by the DOJ, BACA and the COUNTY
submitted to a Memorandum of Understanding ("MOU") with the DOJ which
required BACA and the COUNTY to address and correct the continuous
constitutional violations to which inmates were being subjected, particularly
inmates suffering from mental problems. BACA personally signed the MOU.
However, after years of monitoring the County Jail system, under the authority
the MOU, in 2003, the DO] experts issued a report which still found
noncom pi iance wi th many of its recommendations regarding the abuse of inmat s
and the deficiencies which continue at county jail which constitutes a pattern an
practice of constitutional violations. BACA received the moni.toring reports and
was responslbk for the institution of policies and procedures to correct the
unconstitubonal conditions, but [ailed to do so.
10-07390 JAK - 4TH Amended Complaint
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In February 2004, BACA received notice from The Special Counsel to the Los
Angeles County Sheriff's Department, in the 17h Semiannual Report (February
2004) and the 18th Semiannual Report (August 2004) of increasing levels of
inmate violence in the jails. The report pointed out that although there was a
system that reviewed incidents of inmate disturbances and riots with the purpos
that its causes could be identified and that any implications for changes in polic ,
tactics, or training could be analyzed to improve security in the future, and that
some of the recommendations may have prevented much more serious incidents
from occurring, that BACA' S system in place for managing this information do s
not provide for its systematic, division-wide dissemination.
In 2005, Merrick Bobb, counsel for the county reported that from prior Kelts
Report onward, ther-e has been a paradoxical contradiction between Internal
Affairs investigations that exonerated the officer and litigation arising out of the
same incident that cost the County substantial money in settlement and
judgments. Those same disparities continue to exist after 2003 and 2004 ....
Wbile at times one might find instances in which the County's lawyers have
unwisely settled, It is far more common to find cases where the LASD let an
officer off the hook when a judge or jury would not. We can only say as we
have in the past that these disparities "fuel[] the fire of those who would strip th
Sheriff of tbe privilege of investigating and disciplining his own employees."
(Citing the Fifteenth Semiannual Report at 733-
Deputies' m isconduct was ending up costi ng coun ty tax payers mill ions of
dollars annually ill payments of civil judgments and settlements, in cases where
the internal investigations had found no wrong doing. In all, BACA was notifie
by his Special Counsel that a review of twenty-nine (29) cases involving police
misconduct and settled for $100,000 or more over the past five years, only eight
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In August 2009, another incident of inmate on inmate violence resulted in an
inmate death due to what was reported to be misclassification of a violent inmat
in a mental health housing area. However, Plaintiff is informed and believes an
thereupon alleges that the attack was facilitated by the failure of the deputies in
charge of the hOllSil1Q area to provide reasonable security and that they had~ ~
abandoned their post and duties so that the decedent was discovered in his cell
not by a deputy, but by a medical health staff doctor who was making regular
10-07390 JAK - 4TH Amended Complaint
resulted in any type of discipline to the involved officers or policy change in the
Department. Thus, BACA was again aware of the systematic deficiencies in
supervision and lax discipline, but has failed to made policy changes knowing tl e
risk of harm created by allowing misconduct to go unaddressed.
On January 27, 2006, Dion Starr, an African American was a pretrial detainee at
MCl, housed in the 2000 floor. He had been attacked and stabbed by another
inmate, and while Starr lay on the floor bleeding and hurt, Deputy Bugarin calle
him a racial slur, and without justification kicked him in the face with steel toe
boots causing him severe further injuries and pain. After returning from the
hospital, he was punished with disciplinary isolation. BACA was personally
given notice of this incident and knew of the deputies misconduct and took no
action or corrective measures.
In 2007, the Office of Independent Review (BACA'S lawyers who review
investigations), gave nonce to BACA of deputies abandoning their posts, failing
to properly classify', failing to monitor, falling asleep, not following procedures,
failing to conduct timely security checks, deputies left inmates unsupervised,
including deputy use of excessive force, and deputies encouraging inmate on
inmate fights. (Public Oversight Report II Quarter 2007.) Although some
discipline was imposed, BACA failed to supervise the supervisors who were on
duty for their failure to report and recommend discipline and the misconduct
contin ued
Case 2:10-cv-07390-JAK-DTB Document 165 Filed 11/28/12 Page 14 of 16 Page ID #:1169
4 Defendant BACA, Supervisor Defendants and Other High Ranking Officials
5 Knew of Ongoing Deputy Violence Against Inmates.
Degrading cruel, and sadistic deputy attacks on inmates are commonplace. Tim
and again, numerous deputies attack one inmate. Even as the inmate lies
motionless on the ground, new deputies are summoned by radio and join in the
attack. In the course of a beating, it is a common practice for deputies to yell
"Stop fighting!" or "Stop resisting!" to an inmate who is neither fighting nor
resisting. This practice is an effort to fabricate a reason to blame the inmates for
the attacks. The following are examples of ongoing deputy violence.
Darrell Garrett, June 2009: A group of cieputies assaulted Darrell Garrett in
Men's Central Jail while he was restrained in waist chains. Deputies shoved
Mr. Garrett from behind, causing him to tumble down concrete stairs. Deputies
then kicked Mr. Garrett in the face and head, while another deputy held him
down. As the beating continued, they hit him in the head with a plastic milk
crate, ground his face into the concrete floor, and emptied two cans of mace into
Mr. Garr etts mouth, ears, nose and eyes. The beating caused Mr. Garrett to
bleed profusely and to defecate Mr. Garrett blacked out as deputies transported
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rounds. BACA was given notice of th is lapse of security but failed to require an
investigation into the question of why the cieputies were not present or vigilant ir
their duties to provide reasonable security.
him to medical. In the aftermath of the beating, deputies have threatened and
taunted Mr. Garrett, saying they are "going to get him."
Evan Tuft, July 2()09: While at MCJ Mr. Tutt complained daily to deputies
Delgado, Aviles, Ortega, Snyder, Rivera and Miramontes, of poor jail
conditions, including denial of showers, lack of hygienic supplies, denial of mail,
lack of access to the commissary. On July 26,2009, his girlfriend complained
that he was not allowed a visit. That day deputies Delgado, Aviles, Ortega,
Snyder, Rivera and Miramontes, after making a racial slur ("fucking nigger"),
10-07390 JAK - 4TH Amended Complaint
Case 2:10-cv-07390-JAK-DTB Document 165 Filed 11/28/12 Page 15 of 16 Page ID #:1170
they brutally beat and severely injured him. He was kicked all about his body,
legs, arms and head. He was hit with objects like a flashlight, kneed, tasered an
pepper-sprayed. They handcuffed 11 im and continued to beat him using racial
slurs. His injuries required hospitalization. After returning to jail from the
hospital, he was further punished and placed in disciplinary segregation for
"attacking the deputies." Supervisors took no action and instead ratified and
condoned the deputies' misconduct.
Michael Holguin, October 2009 Deputies beat Mr. Holguin so severely that he
was hospitalized with a broken leg, stitches on his face, and staples in his head.
The incident occurred as Mr. Holguin was on his way to the showers. A deputy
told him to go back to his cell, preventing him from using the showers. Mr.
Holguin asked him why, because he had not received a shower in weeks. The
deputy told him to turn around and placed Mr. Holguin in handcuffs The rest 0
the beating is a blur to Mr. Holguin; all he remembers is being punched in the
face by Deputy Luviauo and pepper sprayed. When the beating was over,
Deputy Rico said, "That's why YOLl don't say why; just do what you 're told."
When Mr. Holguin returned from the hospital, he was sent to disciplinary
segregation for "attacking a deputy."
Luis Bueno: J11I\11ay 2010, Luis Bueno was on his way to the church in MCJ.
Deputies told Me Bueno to turn around and return to his cell. As Mr. Bueno
was walking back to his cell, a deputy shoved him against the wall and asked
him if he wanted to get "fucked up." As other deputies arrived, the first deputy
forced MT. Bueno to spread his legs and put his bands behind his back. The
deputy then aimed his mace at Mr. Bueno's face. When Mr. Bueno turned his
head to avoid the spray, another deputy punched him in the neck. Three other
deputies joined in (me! began violently punching Mr. Bueno in the head and bod
27 Mr. Bueno was knocked to the floor, where the beating continued. When the
28 beating subsided, deputies took Mr. Bueno to the medical center, where he was
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1-16- 10-07390 JAK - 41H Amended ComplaintI
Case 2:10-cv-07390-JAK-DTB Document 165 Filed 11/28/12 Page 16 of 16 Page ID #:1171