Andrew C. Pongracz and Ashlee P. Clark, served as counsel for two Los Angeles County Sheriff’s deputies named as defendants in a U.S. District Court case. Represented by a multinational firm, Plaintiff brought two causes of action pursuant to §42 USC 1983: Use of Excessive Force in Violation of the Fourth Amendment and Substantive Due Process Violation under the Fourteenth Amendment. Defendants conducted a lawful traffic stop of Plaintiff. Plaintiff and one of the deputies had a physical altercation after Plaintiff assaulted the deputy and resisted arrest. Following Plaintiff’s arrest, a parole compliance search of his home found a firearm, ammunition, a digital scale and marijuana. Plaintiff was charged with several criminal crimes and incarcerated. The criminal charges were later dropped.
The issues related to Plaintiff’s claims were streamlined prior to litigation, allowing for trial to last only two days. Despite Plaintiff’s attempt to attribute ear injuries to the force claims, which was supported by expert testimony, a unanimous jury verdict ruled that the force was not unreasonable and the deputies did not fabricate the contraband found in Plaintiff’s home in order to arrest and incarcerate Plaintiff unlawfully.