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Case 2:10-cv-07390-JAK-DTB Document 165 Filed 11/28/12 Page 1 of 16 Page ID #:1156

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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

LOS ANGELES BY=_

us. DISTRICT COURT nst OF CALIF.

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._---COURT

UNITED STATES DISTRICT


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CENTRAL
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DISTRICT

OF CALIFORNIA CASE NO. CV 10-07390 JAK (DTB)

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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.
~

[Hon. Judge John A. Kronstadt]

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FOURTH Al\1E DED COlVIPLAINT FOR DAl\1AGES AND DEMAND FOR JURY TRIAL

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Plaintiff, TYLER WILLIS, by and through his Attomeys,

Sonia Mercado & states as follows:

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Associates,

for his Fourth Amended Complaint

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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of Tyler Willis a pretrial detainee at Lo "MCJ") on October 16,2009,

Angeles County Men's Central Jail (hereinafter

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Amended Complaint

Case 2:10-cv-07390-JAK-DTB Document 165 Filed 11/28/12 Page 2 of 16 Page ID #:1157

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

of this Court pursuant to 28 US.c.

1367 to hear and decide claims

arising under state law. PARTIES AND PROCEDURES referred to as "Plaintiff'), brings this action

2. Plaintiff TYLER WILLIS (hereinafter against ANTHONY GUERRERO, D. VASQUEZ,

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MARK V. FARINO, PEDRO L. SHERIFF LEROY BACA, CAPTAINS and SGT. CHARLES MCDANIEL

JORGE F. SANCHEZ,

DANIEL S. CRUZ, LT. XAVIER AGUILAR, in their individual ANGELES inclusive.


1 .)

capacity, the COUNTY OF LOS ANGELES, SHERIFF'S DEPARTMENT

the LOS

COUNTY

and Does 1 through io,

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..,

Defendant COUNTY OF LOS ANGELES subdivision

(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"),

also a separate public entity, which employs Defendants COUNTY is responsible

Doe Defendants

in this action.

for the actions, omissions

policies, procedures,

practices and customs of its various agents and agencies, acting within the course and for assuring that the actions,

.)

including the LASD, and its agents and employees scope of their agency. omissions, employees COUNTY was responsible

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policies, procedures,

practices and customs of the LASD and its of the United

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and agents complied with the laws and the Constitution

States and of the State of California.

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10-07390 JAK - 4TH Amended

Complaint

Case 2:10-cv-07390-JAK-DTB Document 165 Filed 11/28/12 Page 3 of 16 Page ID #:1158

4. Defendant
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SHERIFF LEROY BACA (hereinafter

"BACA")

is and was at all times

mentioned

herein the Sheriff of Los Angeles County. with the administration

He was charged by law and an

was responsible

of defendant LASD and its employees,

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for the supervision, within said LASD,

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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WATCH COMMANDER MCDANIEL

L T XAVIER AGUILAR ("MCDANIEL"), watch commanders,

and SGT CHARLES

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were at all times herein line supervisors, captains, investigators

sergeants, lieutenants,

and were on duty at the MCl on or capacity a

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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ensure deputies compliance Defendants GUERRERO,

with policies and procedures. D. VASQUEZ, MARK V. FARINO, PEDRO L. and Does 1 through] 0 were of

Deputies ANTHONY

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SR. DEPUTY JORGE F SANCHEZ,

at all times mentioned

herein, deputies, custodial staff, and were employees

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

Plaintiff, and were responsible

for ensuring that Plaintiffs

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statutory rights were not violated.

It was their duty and responsibility

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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of un wan anted force or

The true names and capacities of Defendants Defendants") are of line supervisors,

sued herein as DOES 1-10 CDoe who are

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deputies or civilian employees, 4TH

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10-07390 lAK

Amended Complaint

Case 2:10-cv-07390-JAK-DTB Document 165 Filed 11/28/12 Page 4 of 16 Page ID #:1159

unknown to Plaintiff, who therefore sues said Doe Defendants


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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

were at all times mentioned

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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,

on February 4, 2010, Plaintiff timely

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

statute and as to all state claims, this action is timely filed

PRELIIVIINARY FACTUAL ALLEGATIONS


10. On October 16, 2009, Pl aintiff was a pre-trail detainee housed in the 2000 Floor of MCJ, in the custody of BACA and Defendants. time by all Defendants It was well known at this

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and LASD chain of command that an inordinate amount

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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deputies sport tattoos to signal their gang association, gestures.

They beat up inmates to gain prestige among their peers, and "earn They seek to control the jails, and to a

their ink" bv breaking inmates' bones. significant

degree they do control the areas where they work. 10-07390 ]AK 4TH

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Amended Complaint

Case 2:10-cv-07390-JAK-DTB Document 165 Filed 11/28/12 Page 5 of 16 Page ID #:1160

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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

with tattoos of a Roman numeral "II" on their

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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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and other high ranking

inmates to grossly excessive force by slamming inmates'

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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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broken legs, fractured eye

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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Deputies also enlist, encourage or facilitate other inmates to CatTYout

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

problem that has continued continued thereafter. I

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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

as though fully set forth herein.

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10-07390 JAK -

4TH

Amended Complaint

Case 2:10-cv-07390-JAK-DTB Document 165 Filed 11/28/12 Page 6 of 16 Page ID #:1161

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Un reasons ble sea rch and seizu re - Sadistic and Humiliating

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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delivery, health care providers, other inmates.

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

Farino, Guerrero, Doe One of the deputies

I and Senior Deputy Sanchez approached.

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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.
YOLl

waiting for? Cough."

anal cavity area in plain vie taunting, ridiculing an All defendants agree that

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and continuously

Plaintiff was greatly humiliated.

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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discuss charges against them with deputies.


10-07390 JAK 4TH

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Amended Complaint

Case 2:10-cv-07390-JAK-DTB Document 165 Filed 11/28/12 Page 7 of 16 Page ID #:1162

"Personnel
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conducting

searches shall take all reasonable

measures to protect the

inmate form undue distress or embarrassment.

Every effort shall be

made to

"

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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Cruel and Unusual Punishment

- Brutal Beating of Plaintiff:

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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Vasquez then neck, inflicting

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and violently pressed two fingers into Plaintiff's Plaintiff's

severe sharp pain and provoking pain. Immediately j ustifi cati on. 21. Defendant fists

reaction to recoil from the sharp neel

all Defendants jumped in to brutally beat Plaintiff without

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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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IS

He repeatedly

Guerrero reports deploying

his X26 taser, fired at Plaintiff's

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struck Plaintifl.5-6

times on both ankles with his flashlight.

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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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At olle point, somebody enough '] and Defendants

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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face was so puffed he heard a

nurse gasp, "he looks like an alien."


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He was unable to hold his weight or walk,

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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

under Sgt. McDANIEL -7-

He had an affirmative
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10-07390 JAK -

Amended Complaint

Case 2:10-cv-07390-JAK-DTB Document 165 Filed 11/28/12 Page 8 of 16 Page ID #:1163

his subordinates'
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brutality on Plaintiff, to report their misconduct

to his

superiors,

and to protect Plaintiff from this deputy violence.

Sr. Deputy Sanche

took no corrective deputies' misconduct misconduct. 24.

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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by assisting the deputies and/or by participating

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Plaintiff was taken theMCJ

medical where Lt. AGUILAR

did a videotaped to the

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

to his head; large bruises throughout

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

Plaintiff suffered severe

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 face and eyes were swollen

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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punishing him with disciplinary

"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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Deputies would stop by hi s cell to

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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10-07390 JAK - 4111 Amended Complaint

Case 2:10-cv-07390-JAK-DTB Document 165 Filed 11/28/12 Page 9 of 16 Page ID #:1164

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Plaintiff had a pending court hearing scheduled for October] Defendants

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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and depriving him wilfully of access to the courts.

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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injuries entitled him to compensatory

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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WATCH COl\1lVIANDER XAVIER AGUILAR, IN THEIR PERSONAL CAPACITY

FOR FAILURE CAUSING

TO TRAIN, SUPERVISE, CONSTITUTIONAL

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
011

and abate incidents of

deputy use of excessive force

inmates, failure to protect to provide reasonabl

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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which led to the allegations herein

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BACA is sued for his own culpable action or inaction in the training, supervisor

or control of his subordinates callous indifference

and for his conduct that showed a reckless or

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to the rights of inmates such as Tyler Willis. BACA's 10-07390 JAK 4TH

;-9:I

Amended Complaint

Case 2:10-cv-07390-JAK-DTB Document 165 Filed 11/28/12 Page 10 of 16 Page ID #:1165

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affirmative

conduct involves his failure to implement policies, rules or directive,

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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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involved in the investigation and following this incident.

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)

or report this incident to his superiors and

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

for the conduct of Defendant deputies.

covered up the excessive LIseof force and reported that the beating of Plaintiff was objective and reasonable, Defendant
34.

that it had been properly reported, and that policy. incident reports.

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Deputies'

use of force was within department

Capt. CRUZ reviewed the incident report and the supervisor's

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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10-07390.TAK

Amended Complaint

Case 2:10-cv-07390-JAK-DTB Document 165 Filed 11/28/12 Page 11 of 16 Page ID I #:1166


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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.
136.

Capt.

instances of deputy

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These supervisor procedures

Defendants failed to ensure the enforcement they took no action to investigate

of LASD policies (or did a shoddy

and regulations;

investigation),

and they failed to discipline and to take corrective measures with Instead they condoned, ratified and Their actions and

the wrongful conduct of their subordinates. essentially

covered up the Defendant Deputies brutal beating.


III

inacrions set ill

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
1\110 re Than

by their subordinates.
and Notice to High Level LASD Supervisors

a Decade of Knowledge Deputy

of Ongoing

Violence and l\1isconduct.

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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

sheriff deputies and custody personnel employed by COUNTY and LASD, in th


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course and scope of their employment

under color of law, committed similar act

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of deputy's violence on inmates, failure to report such violence, failure to investigate


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deputy misconduct

and violation of inmates'

constitutional

rights an

ongoing use of excessive force on inmates, and delayed or denied inmates' access to
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ed ical care. Sgt. McDANIEL and other high

Sheriff BACA, Capt. CRUZ, Lt. AGUILAR,

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ranking officials became aware, or should have become aware, of repeated incidents of supervisors indifferent to:
Cl.

failing to supervise subordinates

who were deliberately

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lncidents of deputies using excessive force on inmates;

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10-07390 JAK -

4TH

Amended Complaint

Case 2:10-cv-07390-JAK-DTB Document 165 Filed 11/28/12 Page 12 of 16 Page ID #:1167

b. Incidents of using disciplinary


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segregation

after deputies'

use of excessive force

on the inmates:
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Incidents of deputies and supervisors

adhering to a "code of silence" and/or wrongful and unconstitutional

cover up resulting in failures to report deputies' conduct;


d. Incidents

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of supervisors

and high level officers condoning,

ratifying, acquiescin

or encouraging

deputy violence on inmates and wrongful conduct resulting in

senous injuries to inmates;


e. Incidents

of failing to conduct investigations

or conducting

shoddy

investigations

of incidents of deputy misconduct;

f. Deputies forming gang-like societies, sporting tattoos and used gang-like symbols, such as deputies in the 2000 and 3000 floor;
g

Failure to take corrective measures, to train, and/or reprimand subordinates' wronuful conduct c:
,

and
perform investigations

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11. Failure to timely and promptly

into jail violence resultin

in inmates'
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death and/or serious injuries.

1999, under threat of a lawsuit by the DOJ, BACA and the COUNTY

submitted to a Memorandum

of Understanding

("MOU") with the DOJ which

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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.

inmates suffering from mental problems. However, after years of monitoring


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the County Jail system, under the authority

the MOU, in 2003, the DO] experts issued a report which still found

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noncom pi iance wi th many of its recommendations and the deficiencies

regarding the abuse of inmat s a pattern an

if

which continue at county jail which constitutes


violations.

practice of constitutional

BACA received the moni.toring reports and

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was responslbk for the institution of policies and procedures to correct the
unconstitubonal
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conditions,

but [ailed to do so. 10-07390 JAK 4TH

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Amended Complaint

Case 2:10-cv-07390-JAK-DTB Document 165 Filed 11/28/12 Page 13 of 16 Page ID #:1168

In February 2004, BACA received notice from The Special Counsel to the Los
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Angeles County Sheriff's

Department,

in the 17h Semiannual

Report (February levels of

2004) and the 18th Semiannual inmate violence in the jails.

Report (August 2004) of increasing

The report pointed out that although there was a and riots with the purpos for changes in polic ,

system that reviewed incidents of inmate disturbances

that its causes could be identified and that any implications

tactics, or training could be analyzed to improve security in the future, and that
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some of the recommendations

may have prevented

much more serious incidents this information do s

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from occurring,

that BACA' S system in place for managing division-wide dissemination.

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not provide for its systematic,

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

continue to exist after 2003 and 2004 .... lawyers have

Wbile at times one might find instances in which the County's

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-

'142. ,
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Deputies'

m isconduct was ending up costi ng coun ty tax payers mill ions of and settlements, in cases where

dollars annually ill payments of civil judgments the internal investigations

had found no wrong doing.

In all, BACA was notifie

by his Special Counsel that a review of twenty-nine

(29) cases involving police

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misconduct and settled for $100,000 or more over the past five years, only eight

Merrick Bobb, PARC,


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Ylh Sennannual

Repor! 38 (Feb. 2005). Complaint

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10-07390 JAK _ 4TH Amended

Case 2:10-cv-07390-JAK-DTB Document 165 Filed 11/28/12 Page 14 of 16 Page ID #:1169

resulted in any type of discipline to the involved officers or policy change in the
I

21
3

Department. supervision

Thus, BACA was again aware of the systematic

deficiencies

in

and lax discipline, but has failed to made policy changes knowing tl e to go unaddressed. was a pretrial detainee at

4 : 5 43.
6

risk of harm created by allowing misconduct

On January 27, 2006, Dion Starr, an African American

MCl, housed in the 2000 floor. He had been attacked and stabbed by another

7 8
9

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

10
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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

12
13 14 I

lawyers who review their posts, failing

gave nonce to BACA of deputies abandoning

to properly classify', failing to monitor, falling asleep, not following procedures,


16 17 18 19

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

Although some who were 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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11 22

and the misconduct

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

241
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7)~ . I
I \

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
hOllSil1Q ~

'>6 ii II
I,

charge ~ of the abandoned

area to provide reasonable

security and that they had

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27 1\

their post and duties so that the decedent was discovered in his cell

28\
\
'I 1

not by a deputy, but by a medical health staff doctor who was making regular -1410-07390 JAK 4TH

Amended Complaint

Case 2:10-cv-07390-JAK-DTB Document 165 Filed 11/28/12 Page 15 of 16 Page ID #:1170

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
3 4

their duties to provide reasonable security. Defendant BACA, Supervisor Defendants and Other High Ranking Officials

5 Knew of Ongoing
6 7 8 9 10 II 12 13
14

Deputy Violence Against Inmates. Tim

46.

Degrading cruel, and sadistic deputy attacks on inmates are commonplace. and again, numerous deputies attack one inmate. motionless attack. Even as the inmate lies

on the ground, new deputies are summoned

by radio and join in the

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

"Stop fighting!" resisting. the attacks.

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

[47.
II

Darrell

Garrett,

Men's Central Jail while he was restrained in waist chains.

]5 ". 16 17 18 19

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

20 21

In the aftermath of the beating, deputies have threatened and

taunted Mr. Garrett, saying they are "going to get him."


23

:148.

Evan Tuft, July 2()09: While at MCJ Mr. Tutt complained Delgado, Aviles, Ortega, Snyder, Rivera and Miramontes, conditions,

daily to deputies of poor jail

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including denial of showers, lack of hygienic supplies, denial of mail, On July 26,2009, his girlfriend complained

lack of access to the commissary.

II
;\
;t

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

28 :1
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i1- 1)I

Amended Complaint

Case 2:10-cv-07390-JAK-DTB Document 165 Filed 11/28/12 Page 16 of 16 Page ID #:1171

they brutally beat and severely injured him. He was kicked all about his body,
2 3 4 5
6 7 8

legs, arms and head. He was hit with objects like a flashlight, pepper-sprayed. They handcuffed 11im and continued

kneed, tasered an

to beat him using racial

slurs. His injuries required hospitalization.

After returning to jail from the segregation for

hospital, he was further punished and placed in disciplinary "attacking the deputies." Supervisors misconduct.

took no action and instead ratified and

condoned the deputies'


49.

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.

9
10

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.

11 12 13
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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
YOLl

The rest

is being punched in the

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16 17 18

When the beating was over,

don't say why; just do what you 're told."

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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')...,

II

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

10-07390

JAK -

41H

Amended Complaint