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Willis Last Amended Complaint - 1
Willis Last Amended Complaint - 1
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Sonia M. Mercado (SBN: 117069) SONIA lVIERCADO & ASSOCiATES 2 5711 W. Slauson Avenue~ Suite 100 Culver City, California 9u230 3 Tel: 310-410-2981Fax: 310-410-2957 E-mail: Soniamer2002@yahoo.com 4 Counsel for Plaintiff TYler H. Willis
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1012 HOV28 PH 3: 57
CL~!<K
Ct.NmAL
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CENTRAL
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DISTRICT
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TYLER H. WILLIS Plaintiff, v. ANTHONY D. VASQUEZ, MARK V. FARINO, PEDRO L. GUERRERO, JORGE F. SANCHEZ, COUNTY OF LOS ANGELES, LOS ANGELES COUNTY SHERIFF'S DEPARTMENT, SHERIFF LEE BACA, CAPTAIN DANIEL S. CRUZ, LT. XA VIER AGUILAR, SGT. CHARLES MCDANIEL, ET. AL, and DOES 1-10. Defendants.
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FOURTH Al\1E DED COlVIPLAINT FOR DAl\1AGES AND DEMAND FOR JURY TRIAL
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Associates,
against Defendants,
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JURISDICTION 1 . This is a civil rights action arising from Defendants' search and seizure, taunting and ridiculing brutal beating, unreasonable
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Amended Complaint
depriving him of his right to access to the court's and of due process of law. This
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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 statutory
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upon 28 U.S.C. ~~ 1331 and 1343(a)(3) and (4), and the aforementioned and constitutional jurisdiction provisions. Plaintiff further invokes the supplemental
arising under state law. PARTIES AND PROCEDURES referred to as "Plaintiff'), brings this action
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MARK V. FARINO, PEDRO L. SHERIFF LEROY BACA, CAPTAINS and SGT. CHARLES MCDANIEL
JORGE F. SANCHEZ,
the LOS
COUNTY
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(hereinafter
"COUNTY"),
is a chartered
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 (hereinafter LOS ANGELES COUNTY SHERIFF'S DEPARTMENT an
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"LASD"),
Doe Defendants
in this action.
policies, procedures,
practices and customs of its various agents and agencies, acting within the course and for assuring that the actions,
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including the LASD, and its agents and employees scope of their agency. omissions, employees COUNTY was responsible
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policies, procedures,
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Complaint
4. Defendant
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"BACA")
mentioned
was responsible
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training and hiring of persons, agents and employees working including supervisory officials, deputies, custody personnel. official for
BACA is sued in his personal and individual capacity as a supervisory his own culpable actions or inactions. Defendants CAPTAIN DANIEL S. CRUZ ("CRUZ"), ("AGUILAR"),
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sergeants, lieutenants,
about the time of this incident, are sued in their personal and individual supervisors. administration line supervision, They were cbarged by law and were responsible with the
of the jail and its custodial facility, its deputies, civilian officers an for training and supervising its officers, and deputies including to
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with policies and procedures. D. VASQUEZ, MARK V. FARINO, PEDRO L. and Does 1 through] 0 were of
Deputies ANTHONY
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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 constitutional and
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to protect
inmates, such as Plaintiff from excessive use of force by deputies; and, to report deputy wrongful conduct that resulted in the infliction violence against inmates such as Plaintiff.
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The true names and capacities of Defendants Defendants") are of line supervisors,
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Amended Complaint
by such fictitious
names.
Upon learning their nexus to this incident and their true identity, Plaintiff to show their true names and herein employees or agent
will move to amend this Fourth Amended Complaint capacities. Doe Defendants
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of COUNTY and LASD, and at all times acted within the course and scope of that relationship. 8. Whenever reference is made in this Fourth Amended Defendants and Doe Defendants, such allegations Complaint to any act by will also be jointly
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and references
deemed to mean the acts and failures to act of each Defendant or severall y. 9. Exhaustion of Administrative Remedies:
individually,
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
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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 on inmates was rampant. 11. Defendants particularly knew that many deputies belong to gangs inside the jails, and in the 2000 and 3000 floors. Like members of street gangs, these including using gang like
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They beat up inmates to gain prestige among their peers, and "earn They seek to control the jails, and to a
degree they do control the areas where they work. 10-07390 ]AK 4TH
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Amended Complaint
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Such a deputy gang operates on the 2000 Floor of Mel. Oninfonnation belief, these deputy gang members call themselves designate their gang membership the "2000 Boys" and
and
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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. 2000 Boys and 3000 Boys have been operating with the knowledge, and acquiescence officials. 13. Inmates in LASD Jails live in fear of deputy violence. to subject unresisting Itis typical for deputies of BACA, Defendant supervisors The
ratification
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heads into walls, punching them in the face with their fists, kicking them with their boots, and shooting them multiple times with their tasers. result in serious inj uri es to the inmates, including These beatings
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sockets, shattered jaws, broken teeth, severe head injuries, nerve damage, dislocated joints, collapsed lungs, and wounds requiring staples. dozens of stitches and
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savage attacks on other inmates. 14. This deputies' violence is not the work of a few rogue deputies, but a systemic unchecked. It existed before this incident and has
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FIRST CLAIlVI AGAINST SANCHEZ DEFENDANTS VASQUEZ, FARINO, GUERRERO AND USE OF
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FOR UNREASONABLE
SEARCH
AND SEIZURE,
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EXCESSIVE FORCE.
Plaintiff restates paragraphs 1-14 above and all paragraphs following this claim
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Amended Complaint
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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
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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
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medical staff, deputies, non custody civilian men and women including maintenance,
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Vasquez ordered Plaintiff to place both hands behind his head, face the wall, an take off his clothing keeping his boxers Defendant
all.
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Defendants
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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.
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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 Vasquez was flashing his flashlight into Plaintiffs of all passing by, while simultaneously laughing at Plaintiff.
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anal cavity area in plain vie taunting, ridiculing an All defendants agree that
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and continuously
Plaintiff complied at all times. 19. Defendants knew or should have known that "strip searches" and body cavity
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searches at MCJ are prohibited in a public area. LASD policies mandate that,
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"Personnel
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conducting
made to
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conduct these searches in an area of privacy so that the inmate cannot be observed by persons not participating in the search."
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Deputy Vasquez then ordered Plaintiff to enter module 2700 and to put both his hands behind his head and face the wall. Plaintiff complied. maliciously
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severe sharp pain and provoking pain. Immediately j ustifi cati on. 21. Defendant fists
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Vasquez reports punching Plaintiff 2-3 times in the face with both struck Plaintiff with his flashlight to hi s legs. Defendant stomach, hands and Defendant Farino
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He repeatedly
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struck Plaintifl.5-6
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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 34 times.
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Plaintiff tried to protect himself but never retaliated. yelled "Ya Stuvo" [a Spanish expression for 'that's
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stopped the brutal attack except for Vasquez, who legs and thigh in excruciating
continued to use his flashlight again and again beating Plaintiff's Plaintiff was left lying in the 2700 Module floor incapacitated, pain, bleeding, and unable to move. Plaintiff's
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and a deputy dragged him outside the module to the 2700 tloor hallway. 23. Defendant Sr. Deputy Sanchez was the supervising during this incident. deputy, directly working duty to stop
He had an affirmative
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his subordinates'
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to his
superiors,
measures to discipline or ensure that his subordinate was apprehended. Contrarily, he joined in this brutal in covering up their
misconduct
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interview of Plaintiff (see ~32 infra), and then Plaintiff was transported hospital for medical care and treatment. Plaintiffs The f1ashlight strikes fractured
right leg fistula in two areas, requiring a full leg cast; he had wounds 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; facial swelling; be could only move with a wheelchair. physical pain which continued thereafter. Retaliation
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extensive bilateral
to Cover Up Defendants'
Wrongful
Conduct,
Violation
of Due
Iprocess, and Denial of Access to Courts. On October 17,2009, upon returning to IVlCJ from the hospital, due to his requiring medical care and
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ongoing injuries and severe pain, Plaintiff continued treatment and was housed in a medical module.
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his hands hurt and his broken leg throbbing with severe pain requiring daily medication and nursing care. Defendants and LASD officers further retaliated segregation (called the no
against Plaintiffby
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"hole"), taking all privileges away (no phone or contact with attorney/family, access to the courts and no visits) and threatening against him for assault on a police officer. to file false criminal charges
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harass him stating "What bappened to you? You look like you got run over by train ... look at the piece of shit from 2700."
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9, 2009, but
refused to take him, causing him to miss a total of6 court bearings In court, his father heard
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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
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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, Plaintiff's emotional distress, and humiliation. and punitive damages accordin
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to proof as to the individual defendants and to attorney fees and costs. SECOND CLAI1VI AGAINST DEFENDANT SHERIFF LEROY BACA, CAPT. DANIEL S. CRUZ, SGT. CHARLES l\1CDANIEL
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TAKE CORRECTIVE
ACTIONS
VIOLATIONS. Plaintiff restates paragraphs 1-28 above and all paragrapbs following this Secon
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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
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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 misconduct in the constitutional deprivations ongoing
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BACA is sued for his own culpable action or inaction in the training, supervisor
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to the rights of inmates such as Tyler Willis. BACA's 10-07390 JAK 4TH
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affirmative
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or to enforce them, which actions and/or inactions set in motion a series of acts by others whicb he knew or reasonably to inflict the constitutional Capt. CRUZ, should have known, would cause others
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violations alleged herein. and Sgt. MCDANIEL and supervision were line supervisors deputies durin
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Lt. AGUILAR,
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of their subordinate
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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 AGUILAR
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Plaintiff as he laid listless and visibly brutally beaten in a Gurney. and/or his subordinate
read Plaintiff the "Miranda right," intimating that Plaintif failed to investigate
would be charged with a crime if he spoke. Lt. AGUILAR (or performed a shoddy investigation)
internal affairs, he failed to take corrective measures and to hold his subordinate accountable.
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Sgt. MCDANIEL
was the 2000 floor sergeant on duty and directly responsible He presumably observed Plaintiff. He
covered up the excessive LIseof force and reported that the beating of Plaintiff was objective and reasonable, Defendant
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that it had been properly reported, and that policy. incident reports.
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Deputies'
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 Plaintiff's approval. LASD Cap! Michael Bornman reported to the County Commission on Jail injuries He signed the content oftbe supervisor's report with of
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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 4Tll
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inmates by joking and intimating to his deputies that they could beat inmates as
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long as the use of force or beating was "not in the face" of the inmate. Bornman reported that Capt. CRUZ did 110tinvestigate excessive force.
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Capt.
instances of deputy
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and regulations;
investigation),
and they failed to discipline and to take corrective measures with Instead they condoned, ratified and Their actions and
orion a series of acts by others which they knew or reasonably injury and
should have known, would cause others to inflict the constitutional prevent ongoing misconduct
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by their subordinates.
and Notice to High Level LASD Supervisors
of Ongoing
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Plaintiff is informed and believes and thereon alleges that prior to this incident and subsequent hereto, BACA knew or reasonably should have k11ow11, that
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deputy misconduct
constitutional
rights an
ongoing use of excessive force on inmates, and delayed or denied inmates' access to
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ranking officials became aware, or should have become aware, of repeated incidents of supervisors indifferent to:
Cl.
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Amended Complaint
segregation
after deputies'
on the inmates:
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of supervisors
ratifying, acquiescin
or encouraging
or conducting
shoddy
investigations
f. Deputies forming gang-like societies, sporting tattoos and used gang-like symbols, such as deputies in the 2000 and 3000 floor;
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Failure to take corrective measures, to train, and/or reprimand subordinates' wronuful conduct c:
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and
perform investigations
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in inmates'
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1999, under threat of a lawsuit by the DOJ, BACA and the COUNTY
submitted to a Memorandum
of Understanding
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required BACA and the COUNTY to address and correct the continuous constitutional violations to which inmates were being subjected, particularly BACA personally signed the MOU.
the MOU, in 2003, the DO] experts issued a report which still found
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practice of constitutional
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was responslbk for the institution of policies and procedures to correct the
unconstitubonal
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conditions,
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Amended Complaint
In February 2004, BACA received notice from The Special Counsel to the Los
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Department,
The report pointed out that although there was a and riots with the purpos for changes in polic ,
tactics, or training could be analyzed to improve security in the future, and that
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from occurring,
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In 2005, Merrick Bobb, counsel for the county reported that from prior Kelts Report onward, ther-e has been a paradoxical Affairs investigations that exonerated contradiction between Internal
the officer and litigation arising out of the money in settlement and
same incident that cost the County substantial judgments. Those same disparities
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 Sheriff of tbe privilege of investigating (Citing the Fifteenth Semiannual "fuel[] the fire of those who would strip th and disciplining his own employees."
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Report at 733-
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Deputies'
m isconduct was ending up costi ng coun ty tax payers mill ions of and settlements, in cases where
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misconduct and settled for $100,000 or more over the past five years, only eight
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resulted in any type of discipline to the involved officers or policy change in the
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Department. supervision
deficiencies
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and lax discipline, but has failed to made policy changes knowing tl e to go unaddressed. was a pretrial detainee at
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MCl, housed in the 2000 floor. He had been attacked and stabbed by another
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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 and took no
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given notice of this incident and knew of the deputies misconduct action or corrective measures. 44. In 2007, the Office of Independent investigations), Review (BACA'S
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failing to conduct timely security checks, deputies left inmates unsupervised, including deputy use of excessive force, and deputies encouraging inmate fights. (Public Oversight Report II Quarter 2007.) inmate on
discipline was imposed, BACA failed to supervise the supervisors duty for their failure to report and recommend contin ued 45. discipline
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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
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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
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their post and duties so that the decedent was discovered in his cell
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not by a deputy, but by a medical health staff doctor who was making regular -1410-07390 JAK 4TH
Amended Complaint
rounds.
BACA was given notice of th is lapse of security but failed to require an into the question of why the cieputies were not present or vigilant ir
investigation
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their duties to provide reasonable security. Defendant BACA, Supervisor Defendants and Other High Ranking Officials
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Degrading cruel, and sadistic deputy attacks on inmates are commonplace. and again, numerous deputies attack one inmate. motionless attack. Even as the inmate lies
In the course of a beating, it is a common practice for deputies to yell or "Stop resisting!" to an inmate who is neither fighting nor
This practice is an effort to fabricate a reason to blame the inmates for The following are examples of ongoing deputy violence. June 2009: A group of cieputies assaulted Darrell Garrett in Deputies shoved
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Darrell
Garrett,
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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 him to medical. Mr. Garrett blacked out as deputies transported
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Evan Tuft, July 2()09: While at MCJ Mr. Tutt complained Delgado, Aviles, Ortega, Snyder, Rivera and Miramontes, conditions,
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including denial of showers, lack of hygienic supplies, denial of mail, On July 26,2009, his girlfriend complained
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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
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they brutally beat and severely injured him. He was kicked all about his body,
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legs, arms and head. He was hit with objects like a flashlight, pepper-sprayed. They handcuffed 11im and continued
kneed, tasered an
hospital, he was further punished and placed in disciplinary "attacking the deputies." Supervisors 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. A deputy Mr.
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The incident occurred as Mr. Holguin was on his way to the showers. told him to go back to his cell, preventing him from using the showers.
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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 beating is a blur to Mr. Holguin; all he remembers face by Deputy Luviauo and pepper sprayed. Deputy Rico said, "That's why
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The rest
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When Mr. Holguin returned from the hospital, he was sent to disciplinary segregation '150. for "attacking a deputy."
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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
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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
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Mr. Bueno was knocked to the floor, where the beating continued.
When the
beating subsided, deputies took Mr. Bueno to the medical center, where he was 1-16I
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