Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.

Help support the publication of case reports on MoreLaw

Alejandro Franco v. Michael Gennaco, et al.

Date: 09-10-2010

Case Number: 2:09-cv-00893-VBF -FFM

Judge: Valerie Baker Fairbank

Court: United States District Court for the Central District of California, Los Angeles County

Plaintiff's Attorney: Arnoldo Casillas and Dan Gillette, Moreno Becerra & Casillas, Montebello, California

Defendant's Attorney: Gilbert M. Nishimura and Edwin Rathbun, Seki Nishimura and Watase, Los Angeles, California

Description:
Alejandro Franco sued Davie Chang, Anthony Pimentel and Kris Cordova on civil rights violations theories under 42 U.S.C. 1983 claiming that Defendants violated his civil rights when they pepper sprayed him with pepper spray when he was a jail inmate in the Los Angeles County jail. Plaintiff contended that the deputies tortured him for having complained about dirty laundry. Plaintiff claimed that the deputies handcuffed him, removed him from his cell in his underwear, and took him to a secluded exercise room. There, they punched him repeatedly in the face, ripped his shirt, and when he refused to apologize to the deputies, they pinned him on the floor, pulled down his boxer shorts, and pepper-sprayed his anus and testicles.



When the deputies took the witness stand during trial, they asserted their right against self-incrimination and refused to answer any question.



A sergeant who investigated the incident testified that he found several inmates who confirmed Plaintiff's account of having been taken away in handcuffs and who confirmed that when Plaintiff was brought back to his cell he had a ripped shirt and injuries on his face.



Defendants' defense focused on Plaintiff injuries and they asserted that Plaintiff's psychological injuries were pre-existing and/or caused by other traumatic events in his life.

Outcome:
Plaintiff's verdict for $405,000.00.
Plaintiff's Experts:
Jeffrey Whiting, Ph.D., Santa Monica, California, psychology
Defendant's Experts:
Ted D. Evans, Ph.D., Encino, Californa
Comments:

About This Case

What was the outcome of Alejandro Franco v. Michael Gennaco, et al.?

The outcome was: Plaintiff's verdict for $405,000.00.

Which court heard Alejandro Franco v. Michael Gennaco, et al.?

This case was heard in United States District Court for the Central District of California, Los Angeles County, CA. The presiding judge was Valerie Baker Fairbank.

Who were the attorneys in Alejandro Franco v. Michael Gennaco, et al.?

Plaintiff's attorney: Arnoldo Casillas and Dan Gillette, Moreno Becerra & Casillas, Montebello, California. Defendant's attorney: Gilbert M. Nishimura and Edwin Rathbun, Seki Nishimura and Watase, Los Angeles, California.

When was Alejandro Franco v. Michael Gennaco, et al. decided?

This case was decided on September 10, 2010.