Hispanic cousins claim excessive force by Long Beach police officers. $1.625 million.

Facts and Background

• Facts and Background:

  On November 27, 2010 plaintiff Miguel Contreras and Armando Nunez were visiting their cousin, plaintiff Miguel Vasquez. At 2 a.m., they heard a disturbance next door, went outside to look.  They encountered defendant police officers confronting several Hispanics.  

  The confrontation grew more heated and now included plaintiffs. 

  Vasquez was arrested for allegedly assaulting defendant Faris and resisting arrest. Contreras was cuffed and transported to community hospital ER, and received immediate surgery.

  Vasquez filed a complaint with internal affairs but it was not investigated. Contreras filed a complaint in May 2011.

   

• Plaintiff's Contentions:

  That when plaintiff Vasquez went outside, he found defendant Officer Faris yelling at three people who were kneeling on the sidewalk. One of the people kneeling was a friend of Vasquez's.

  Vasquez asked the officer what was going on, stating that was his friend on the ground. Words between them ensued. Defendant Officer Faris walked over to Vasquez and pushed him, stating "I'll touch you any time I want, you understand!" Defendant Faris then allegedly threw Vasquez to the ground and began hitting him with a baton.

  Plaintiff Contreras allegedly witnessed Faris clubbing Vasquez and told Faris to stop. Faris allegedly continued to hit Vasquez when defendant Officer Hynes approached from behind and, without saying a word, struck Contreras on the back, then again and again, knocking him to the pavement and fracturing his left arm.

  Nunez and other witnesses started shouting to the officers to stop hurting the cousins. One witness phoned 911 to report the beatings  and was told to call internal affairs. The witness called internal affairs, received no answer, called 911 again and was told that supervisors were on the scene.

  Plaintiffs contended that defendant officers conspired to hide Faris' assault and baton use against Vasquez. That the officers filed false reports claiming Vasquez disobeyed an order to leave and took a swipe at Faris and resisted arrest.

  That the officers' use of weapons was unauthorized and out of policy.

  Contreras contended that Officer Hynes hit him at least 19 times with his baton, causing massive injuries, and then attempted to frame him on a resisting arrest charge.

  Alleged false arrest and malicious prosecution, and intentional infliction of emotional distress.

• Defendant's Contentions:

  That Faris and Hynes did nothing wrong, told the truth and were victimized by plaintiffs and their out-of-control witnesses; that the officers did not falsify their reports, did not mislead prosecutors and did not under the circumstances use unreasonable force.