Case 2:10-cv-07390-JAK-DTB Document 165-1 Filed 11/28/12 Page 1 of 11 Page ID #:1172

told be had a fractured nose, a tom ligament in his ankle, a swollen artery in his
2 \1
-i

brain, and possible rib fractures. of encountering Walter Morales,

Mr. Bueno was afraid to attend church for fear

the deputies who attacked him. May 20 I 0: For about a week in May 2010, deputies in Me] about his head and body.

4 51. 5
6

beat Walter Morales twice a day with flashlights

Mr. Morales believes the deputies beat him because be was arrested for allegedly firing a gun at police officers. Mr. Morales's A group of deputies came into Mr. Morales has a

8
9

ceil and punched and hit him with flashlights.

scar above his eye as a result. Later, a second shift of deputies beat Mr. Morales while he was restrained in waist chains and bandcuffs.
Jimmie Knott: In June 2010, while waiting in line for his hepatitis shot, Mr.

10 11 52.
12

Knott asked Senior Deputy Sanchez if he could get some new shoes, as his had split in them. Senior Deputy Sanchez told Mr. Knott to get out ofline and to strip down. Mr. Knott complied and stripped to his boxers. Senior Deputy

13 14 15
16
17

Sanchez then told him to get on his knees, and as Mr. Knott was bending to the floor, Senior Deputy Sanchez hit him in the temple, causing his head to bleed. Other deputies then came over and began hitting, kicking and kneeing him. Mr. Knott curled into a fetal position and waited for the violence to subside. After two or three minutes, the deputies stopped hitting him and took him to medical. On the way to medical, the deputies told him to say that he fell down

18
19

20 21 22
7" _J

the stairs. Mr. Knott complied, because he was afraid of being beaten again. A witness described the deputies involved as like "a pack of wolves." 53.
Joseph

Hager

In June 2010, deputies took Mr. Hager out of his cell and placed to go to the law library. At the library, a deputy shoved

24

him in handcuffs

25

Mr. Hager up against the wall and kicked his ankle so forcefully it bled. The deputy then dragged Mr. Hager, who was still handcuffed, back to the tier,

26
27

where he slammed Mr. Hager's face into the edge of a door frame. Mr. Hager blacked out. \Vben Mr. Hager regained consciousness,
--17'I
I'

28

he was on the ground

10-07390 JAK - 4TII Amended Comp1ai nt

Case 2:10-cv-07390-JAK-DTB Document 165-1 Filed 11/28/12 Page 2 of 11 Page ID #:1173

and Deputies 2
_1
'">

Chavez

and Gonzalez

were kicking

and punching the deputies Deputy

him in the head repeatedly told him, " caused a in hi

and face, yelled,

Even though resisting!"

Mr. Hager was handcuffed, When the beating subsided,

"Stop

Chavez

4 5
6 7 8 9

tried to kill you fracture mouth,

You are lucky you are still breathing," face, a black eye, swelling interviewed

The beating

in Mr. Hager's When

in his ears, and bleeding

staff members

Mr. Hager on camera, would

he said that he do to him if he

had slipped revealed

in the shower,

out of fear of what the deputies him, After the beating,

that they had beaten segregation

Mr. Hager was sent to with assault on a deputy.

i
1

disciplinary

and told he was being charged

10 54.
II

Ruben Beltran: day room time. took Mr. Beltran's as punishment. deputies

In .Iuly 2010, Mr. Beltran Deputy Farino and Britton belongings

filed a complaint

about not getting and

got upset about the complaint periodicals, Deputy religious Farino ordering

12 13 14
IS,

personal

(books,

materials) and two othe him to strip

When he complained

to the ACLU,

handcuffed

him and put him in the main hallway, to do a strip search, No sergeant

16
17

down to his boxers present. Deputy

as required

by policy was Sanchez

Farino planted

a razor on Mr. Beltran,

Sr. Deputy

came and asked WIlY be had a shank in his pocket, it

Oil

and when told Farino planted segregation for

18 19
20

him, Sr. Deputy

Sanchez

placed

MT, Beltran in disciplinary

29 days accusing 55. Rashaad

him of having

a weapon, in MeJ targeted Rashaad Pilgrim all of the from as

Pilgrim: In July 2010, deputies

his medication, Deputy punching

21
17

he stood in line to receive

The deputies Reza approached

instructed

-')'">

ilI
I
I

inmates behind

in line to face the wall. and yelled at him before

Mr. Pilgrim When

'- _1

him twice in the face.

24 2S

Mr. Pilgrim

returned

to his cell a few minutes

later, he called his mother

to repo t

I
I

what happened,
I
I

Not long after, Deputies

Reza and Mil pad ordered Mr. Pilgrim

the inmates and

76
-

,!
I

to line up and g,o to the day room , but instructed face the wan, One deputy to punch

to slay behind

27

spread his legs, as if to search him. Mr. Pilgrim in the face and head, 4TII

1nstead, the other lost

\
28

deputies

began

Mr. Pilgrim Complaint

\-18-

10-07390 JAK

Amended

Case 2:10-cv-07390-JAK-DTB Document 165-1 Filed 11/28/12 Page 3 of 11 Page ID #:1174

consciousness.
')

When Mr. Pilgrim woke up, he was on the floor and the deputie A deputy then slammed

'vvere still punching him and yelling, "Stop fighting!" Mr. Pilgrim's

"
.)

face into the concrete floor, chipping his teeth. Later, doctors told

Mr. Pilgrim he had fractures in his face, blunt head trauma, injury to his right ea , and a chipped tooth.

5
6

,56.
;1

Alex Krehbiel:

In July 2010, a deputy approached

Alex Krehbiel as he was

7 8
9 10 II

returning from a visit with his attorney.

Mr. Krehbiel had been trying to get back The deputy ordered Mr. Krehbiel t

to his housing unit but the door was locked.

face the wall and yelled in his ear, "This is my fucking honsel Where do you think you are'? This is my fucking bouse!" Mr. Krehbiel's
'/

The deputy then slammed

forehead against the wall twice. A group of deputies approached

12

taunting Mr. Krehbiel, and one of them punched him in the face. The deputies pushed Mr. Krehbiel into the laundry room , knocked him to the floor, and punched and kicked his head, ribs, and back. The deputies then pepper sprayed his eyes and mouth, and slammed his head into the floor
given disciplinary

13 14 15 16 17 57 18
19 20 21

Mr. Krehbiel was

segregation

for twenty-nine

days.

Michael

earn pbell: On December

20 I0, a female deputy entered Mr.

Campbell's

cell and took a mattress, he asked if she was taking his also, A few

minutes later Deputy Vazquez entered his cell and asked him why he was "fucking with a female deputy?" Deputy Vazquez leaned on his back, and as he

was punching his bead with the fists, the female deputy put him in a choke hold. He suffered enormous pain to his back, neck and left side of his temple, and had bruises and knots floor, handcuffed him to a stool.
011

22
')"
~-)

his head and forehead.

The deputies then put him on the

24 25
26 27 28
,

his hands in his back, took him to his module and handcuffed He was taken to medical and told a senior deputy what happened segregation.

Two days later he was punished with disciplinary

58.

Alex Rosas: On July 2011, Mr. Rosas observed a beating by Deputy Guerrero, accompani ed by deputies Luviano, Bearer and Ibarra and other deputies of 10-07390 JAK - 4TH Amended Complaint

I
.,I

1- 19-

Case 2:10-cv-07390-JAK-DTB Document 165-1 Filed 11/28/12 Page 4 of 11 Page ID #:1175

inmate
2 J 59.
4

Arturo

Fernandez.

On August

2011, Deputy Luviano punched

Mr.

Rosas,

and Deputies

Luviano and Ibarra threatened

Joshua

Mr. Rosas not to complain. at the top of that a

In April 2010, an LASD deputy, his recruit supervisor class, resigned

Satber, who had graduated

after only a few weeks on the job, alleging ill jail inmate.

1118c1e him beat up a mentally in his graduating

Sather was the sale and had been all rookies, on the Sather's his

Honor Recruit recognized

class from the academy, and otber abilities. On March 22,2010,

7 8 9 10 II l2 13 14 15
16

for his leadership wasjail duty.

As with virtually

first assignment sixth floor mental

Sather was working

health ward of Twin Towers. and other deputies

At some point during

shift, he, his supervisor Soon afterward,

Sather,

used force on a mentally

ill inmate.

crying and distraught,

called his uncle, a veteran in an unjustified said, "We're gonna go in up. Sather's

Sheriff s detective, beating,

and told him that he had participated his supervisor

that shortly before the beating

and teach this guy a lesson," uncle confronted Sheriffs officials

and that the attack had been covered about making his nephew and determined

the supervisor launched

"beat up 'dings.'?' that an that no

an investigation

17 18 19 20 21 ;
II ;

uncooperative misconduct 60. On October

inmate

held been subdued

by force, but concluded

had occurred. 18, 2011, due to the rampant Board of Supervisor ongoing deputy violence at LASD

jails, the County commission be to conduct inappropriate

passed

a resolution Commission

to create a citizen's on Jail Violence shall

"The mandate

of the Citizens'

,1 review of the nature, depth and cause of the problem of

dep ury use of force in the j ai Is, and to recommend It shall be the task of the Commission
operation of our jails" correcti ve actio
1

24 25

as necessary.

to restore public confidenc

in the constitutional

In September

2012, the Citizens'

26
27-------------------.1

28

Robert Faturechi, fjA 1/1 Inmate. Los Angeles

County Deputy Savs He {Yas Forced to Beat Mentally Times, Oct. 7, 20 I 1.

10-07390 JAK 4TH

-20-

Amended

Complaint

Case 2:10-cv-07390-JAK-DTB Document 165-1 Filed 11/28/12 Page 5 of 11 Page ID #:1176

~I -,
.J
" I

Commission investigation

on Jail Violence

(CCJV,

see htrp.z/ccjv.lacounty.gov) Some of CCJV's Dr. Kupers,

completed

it

and issued its final report. repeated

key findings

are

a. LASD received organizations deputies

notice by the ACLU,

ofconcerns

the DO), and other of inmates by

;1

and county lawyers

about mistreatment

5
6

at County jail s; have used force against inmates disproportionate to the threat

b. LASD personnel

7 8
C).

posed or when there was no threat at all;

c. LASD does not have a comprehensive,

force policy: d. A "force first" approach authority

integrated

and understandable

use of

10 11 12
J

has been used as a means response

of discipline behavior;

and to establish

rather than a last-resort for custody

to assaultive

e. LASD training standards

is far below both industry systems; offailures ill reporting,

best practices

and training

in other correction evidence

14 15 16 17
18 19

f. There is substantial disciplining g. The minuscule

investigating

and

Lise of force in the jails; and number of unreasonable force findings cast doubt on the integrit

of the investigatory 161. In September Prison Project

process. California, jointly with the ACLU

2012 the ACLU of Southern and the Paul Hastings

LLP law firm, issued a report, "Sheriff and Head I nj uries of I nmates ill LA of deputies' excessive use of force and

20

Bacas
County violence

Stri ke Force: Deputy Violence

Jails," detailing on inmates. the incidents It concluded,

21
22
7" _.:1

among other things,

that "the use of of head

unnecessary

and dangerous

force as demonstrative support the findings

by the prevalence of the CCJV.

24 25

strikes and severe head injuries i

26
27
4

See, http.z/ccjv.lacounty

.gov/wp-content/uploads/2012/CCJV

-090712-

28

Exh ibits.pdf
-2110-07390.TAK 4TH

Amended

Complaint

Case 2:10-cv-07390-JAK-DTB Document 165-1 Filed 11/28/12 Page 6 of 11 Page ID #:1177

Sheriff BACA, other high ranking officials and Defendant Supervisors

2
3 4

herein,

have abjectly failed to develop and/or to implement policies that address the problem of endemic brutality in the Jails. Policies regarding use of force, investigation of use of force, discipl ine for deputies who have used excessive who have mishandled all fail to

5
6
7

force or failed to report use of force, supervisors investigations meaningfully

of force, and training of deputies and supervisors address the problem. investigated, When allegations

of deputy violence arise, The

8 9 10 II 12 13 14 15 16 17

they are infrequently Defendants

and deputies are rarely disciplined.

have failed to require the Department

to track incidents of violence,

even though systems for doing so are readily available and commonly used. In this way, the Defendants have fostered a pattern and practice of deputy violence against inmates, which places inmates (It a significant, and irreparable committing injury. Deputies and supervisors ongoing risk of serious

alike have come to believe that

abuse (or failing to investigate abuse) will have absolutely no impac

on their career. As a result, physical abuse by deputies continues unchecked. The persistent fail ure or refusal of Sheriff BACA, supervisor Defendants and th other high ranking officials to supervise deputies properly or take action to curb the misconduct Plaintiffs demonstrates the Defendants' deliberate indifference to the

right to reasonable protection from harm. actions and/or inactions rights and are the

As a result of BACA and these supervisor defendants' and/or policies are themselves a repudiation "moving force of the constitutional

of constitutional

violations,

and the above policies, practices

and customs were ill force on or about October 16, 2009, and were the moving
24

forces of Defendants indifference

and Does 1-10 unconstitutional

conduct and deliberate

25

to Plaintiff. actions and inactions Tyler Willis was harmed in the

As a result of Defendants'

manner threatened by the ongoing failure to train, supervise, investigate or instruct subordinates in the manner herein stated.
10-07390 JAK 4TH

Amended Complaint

Case 2:10-cv-07390-JAK-DTB Document 165-1 Filed 11/28/12 Page 7 of 11 Page ID #:1178 il

II
I[
1165.

Plaintiffs

injuries entitled him to compensatory

and punitive damages accordin

2[
i

to proof as to the individual defendants and to attorney fees and costs. THIRD CLAI!\1 AGAINST COUNTY A D LAS]) FOR eUSTONI, POLIC'{ AD/OR
I

3 !
I
I

5 i

PRACTICE

CAUSING CONSTITUTIONAL by reference herein paragraphs

VIOLATIONS. \-63 above and all

6\66.
I

Plaintiff incorporates paragraphs

following this second cause of action, as though fully set forth. Defendants COUNTY and LASD, and each of pervasive, and notorious culture, pattern, that posed a substantial risk

8 67.
9: 10

At all times herein mentioned, them, maintained

a longstanding,

and/or practice of deputy violence against inmates

II 12 13 14 15 16 17 18 19 20 21 22

of serious harm to inmates in Tyler Willis's situation and each defendant knew that the following custom, practice or policies posed this risk of harm. Some of these customs, practices and patterns include, but are not limited to, the following:
a Fai I me to preven ( and/or avert deputy or custody staff violence on inmates;

b. Inmate-victims intimidation,

of deputy violence and abuse experience

harassment,

retaliation and threatened with further violence or criminal charges

if they compl ain; c. Inmate-victims of deputy violence are falsely accused of assault on officers or

other inmates and are deprived of due process and punished with disciplinary segregari
011;

d. Deputies and custody staff use of force with "flashlight resisting inmates causing severe injuries;

therapy" against

11011-

e. Deputies and custody staff racially motivated violence against inmates;

f

Deputy assaults against inmates for rules infractions or perceived slights;

g. Deputies
27

LIse uunates as pawn to infl ict violence on other inmates;

and/or lapses of supervision of

h. Supervisor officials condoning lax supervision incidents of deputies violence on inmates;

28

-23-

10-07390 JAK -

41H

Amended Complaint

Case 2:10-cv-07390-JAK-DTB Document 165-1 Filed 11/28/12 Page 8 of 11 Page ID #:1179

I.

Supervisor

officials condoning,

ratifying conduct by line supervisors

who fail to

')i
..,
J

-I'

report, investigate J Supervisor investigations

k. Supervisor
!

and/or cover up deputy violence on inmates; or shodely

officials have condoned a pattern of inadequate and cover-ups; officials condoning, ratifying, facilitating

41 5
6 7 8 9

and encouraging

incidents

of subordinates'

use of force and/or excessive use of force on inmates; and ratified and facilitated gang-like

'I

I. Supervisory

officials have ignored, condoned,

deputy societies, covering

such as deputies sporting similar tattoos, acting in concert, and

up for each other. Vazquez,

10 ,68. 11 12 . 1~ J , . 14
IS 16 17 18 19 ;

Plaintiff is informed and believes and thereon alleges that Defendants Guerrero, propensity propensities COUNTY Farino, Sr. Deputy Sanchez,

and Does 1 - 10, each had a history and of herein and manifested
such

for acts of the nature complained

prior to and during their employment and LASD. Plaintiff is further informed

and/or agency with defendant and believes and thereon care should

alleges that LASD and COUNTY,

or in the exercise of reasonable

have known, of such prior history and propensity

at the time such individuals and/or subsequent to

were hired and/or during the course of their employment, thi s inci dent. LAS D an d COUNTY's to adequately investigate disregard

of thi s knowledge

and/or failure

and discover and correct such wrongful conduct and/or facilitated individual Defendants' condoned violatio

20 21 22
')~ ~_1

caused, encouraged, of Plaintiff's

condoned

constitutional continued

rights, and further facilitated, unconstitutional

and ratified

these Defendants' LASD jails.

69.

acts of violence against inmates at

24 25

The above alleged customs or practices 'vvere a legal cause of Plaintiff's as set for supra in ')s 27 and 28.

injuries

26
27

FOURTH CLAINI
NEGLIGENCE AGAINST ALL DEFENDANTS.

28

, -24~ I

10-07390.TAl(

4TH

Amended

Complaint

Case 2:10-cv-07390-JAK-DTB Document 165-1 Filed 11/28/12 Page 9 of 11 Page ID !I #:1180

'/ I,

70.
2
,.,
J

Plaintiff incorporates set forth herei n.

by reference herein paragrapbs

1-68 above as though fully

71.

All Defendants

and Doe Defendants had a legal duty to provide reasonable

4
:)

security, monitor and ensure the safety of Plaintiff, and a duty to ensure that deputies and supervisors violence against inmates. 72. All Defendants breached said duty of care to Plaintiff Tyler Willis who was Vazquez, Farino, Guerrero, Sanchez and Doe took action to abate unnecessary and gratuitous

7 8 9

violently attacked by Defendants Defendants

\-10.

10 73.
II

Each Defendant and Doe Defendant breached his/her duty in the performance his/her custody dcputys Plaintiff tactics and duties and this negligence was a cause of

12
13

injuries and damages.

Defendants actions were below the standard of caused Plaintiff injurie

care for reasonable

I

custody deputies, and this negligence

14 I 15 74.
I() , 17 18

an d dam ages. Defendants, BACA, CRUZ, AGUILAR, MCDANIELS and DOE Defendants, with Defendants Count of their subordinates, herein and breached evaluating the

acting within the course and scope of their employment and LASD, breached their duty to assure the competence failed to exercise ordinary care under the circumstances

19 20 21 22
23

their duty of selecting, training, reviewing and periodically competency of these individually

named deputies and taking corrective measure Tbis breach of duty created an

to abate the violence against inmates. unreasonable 75.

risk of harm to persons such as Plaintiff Tyler Willis. carelessness and

As a direct and legal result of the aforesaid negligence, unskillfulness of Defendants,

24
? ~ j' -)

and each of them, Plaintiff was injured, and has

suffered the damages as set forth supra in ~Ils 27 and 28. FIFTH CLAIlVI
11'\TENTIO!'.:A L INFLICTION

26 27[

I I

OF ElVIOTIONAL DISTRESS.

!
28 -? 5-

I I

10-07390 JAK -

4TII

Amended Complaint

Case 2:10-cv-07390-JAK-DTB Document 165-1 Filed 11/28/12 Page 10 of 11 Page ID #:1181

I 76.
177. i
\

Plaintiff incorporates set forth herei n. Defendants'

by reference herein paragraphs

1-68 above as though fully

2
_1

conduct was extreme and outrageous

and caused Plaintiff to sustain

4 5 78.
6

severe emotional distress and damages. As a direct and proximate cause of the aforementioned acts of defendants,
,[

Plaintiff was injured and sustained injuries as alleged supra in ~s 27 and 28. Plaintiffs injuries entitled him to compensatory and punitive damages accordin damages alone as to

7 179. 8
9 I

to proof as to the individual defendants and compensatory COUNTY defendants.

SIXTH CLAIl\1 FOR ASSAULT VASQUEZ, AND BATTERY GUERRERO, AGAINST

10 II

DEFENDANTS CHEZ.

121
13 14 15 16

FARINO, SA

80.

Plaintiff incorporates set forth herein.

by reference herein paragraphs]

-68 above as though fully

81.

Defendants Plaintiff.

Vasquez, Guerrero, Farino, Sanchez and Doe 1-10, assaulted Defendants acted with reckless disregard and/or with intent to cause Further, these Defendants and apprehension had the intention to

17
18 I 19 :\
20

serious bodily injury to Plaintiff. cause Plaintiff fear, intimidation and/or offensive contact. As a result of Defendants'

of immediate bodily harm

182.
I

reckless, wilful and malicious conduct, Plaintiff

21
'')'')

suffered severe pain, suffering, physical injuries and harm as described more
I
i
I

--

fully above. Such assault and battery was offensive and would offend any reasonable person, and did offend and seriously harm Plaintiff as set forth supra in ~s 27 and28. Plaintiff seeks exemplary damages against these defendants.
\VHEREFORE,

23;83.
')4

25

26 27 28

Plaintiff prays for relief as follows:

1. For general damages according to proof; 2. For past, present and future special damages according to proof; 10-07390 JAK 41'11

Amended Complaint

Case 2:10-cv-07390-JAK-DTB Document 165-1 Filed 11/28/12 Page 11 of 11 Page ID #:1182

3. For other losses in an amount according to proof;

2 3 4 i )

4. For costs of suit and reasonable

attorneys' fees as permitted

pursuant to 42

US.C., ~ 1988;
For exemplary damages against individual Defendants
(1S

where appropriate;

and,

:)
6 7 8 9
10

() For such further relief

the court may deem just and equitable.

PLAINTIFF

HEREBY

DElVIANDS A TRIAL BY JURY.

Plaintiff hereby demands ajury trial on all issues. Dated: November 20, 2012 Respectfully subm itted,
& ASSOCIATES

SONIA ~/IERCADO

II 12
13

By: ~~'-"Sor ia Mercado, C

laintiffTyler

H. Willis

16

17 18 19 :20
21 .
))

24 25

::LJ ; I
27" 28

-27 -

10-07390 JAK -

4TH

Amended Complaint