city attorney response to officer wampler suit
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Attorneys for DefendantCITY OF LO S ANGELES
1 CARMEN A. TRUTANICH, City Attorney (SBN 86629x)GARY G. GEUSS, Chief Assistant City Attorney
2 CORY M. BRENTE, Assistant City AttorneyMICHAEL R AMERIAN, Deputy City Attoney (SBN 207610)
3 200 North Main Street, 6th Floor, City Hall EastLos Angeles, CA 90012-4129
4 email: michael.amerian{@,lacity.orgTelephone: (213) 978-6900 Facsimile: (213) 978-87855
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
ANSWER OF DEFENDANLCITY OF LOS ANGELES, lOPLAINTIFFS COMPLAINT)DEMAND FOR JURY TRIAL
Case No.:CVII-07174GHK FFMx)Complaint filed: Aug. 30, 2011
Plaintiff,
vs.14
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DANIEL HERNANDEZ, ANDRESHERNANDEZ, JAVIER HERNANDEZ l
12 MANUEL HERNANDE; AND MARlADE JESUS HERNANDEL,
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CITY OF LOS ANGELES; CITY OF LOS16 ANGELES; OFFICER SHARLTON
WAMPLER; OFFICER ALFRED GARCIA and
17 DOES 1-25;18 Defendants.
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20 COMES NOW, Defendant, CITY OF LOS ANGELES, a Municipal Corporation
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21 and (hereinafter referred to as Defendant ) answer the Plaintiffs Complaint for Damages
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for themselves and for no other parties, admitting, denying and alleging as follows:
1. Answering paragraph 1, Defendant denies the allegations contained therein.
2. Answering paragraph 2, Defendant denies the allegations contained therein.
3. Answering paragraph 3, Defendant denies the allegations contained therein.
4. Answering paragraph 4, Defendant denies the allegations contained therein.
5. Answering paragraph 5, no factual allegations are made therein, and on that
28 basis the paragraph goes unanswered.
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1 6 Answering paragraph 6 Defendant denies the allegations contained therein
2 except for the following allegation which is admitted: Venue is proper in the Central
3 District California
4 7 Answering paragraph 7 Defendant lacks information and belief upon which5 to answer the allegations contained therein and on that basis denies the allegations
6 8 Answering paragraph 8 Defendant lacks sufficient information and belief
7 upon which to answer the allegations contained therein and on that basis denies the
8 allegations except for the following allegations which are admitted: Defendants Wampler
9 and Garcia were employed as Los Angeles Police Department Police Officers at all times
10 material hereto
9 Answering paragraph 9 Defendant lacks sufficient information and belief
12 upon which to answer the allegations contained therein and on that basis denies the
3 allegations except for the following allegations which are admitted: Defendant City
14 Los Angles is a municipal entity created and authorized under the laws the State of
15 California
16 10 Answering paragraph 10 Defendant lacks information and belief upon
17 which to answer the allegations contained therein and on that basis denies the18 allegations
19 11 Answering paragraph 11 Defendant lacks information and belief upon
20 which to answer the allegations contained therein and on that basis denies the
allegations
22 12 Answering paragraph 12 Defendant lacks information and belief upon
23 which to answer the allegations contained therein and on that basis denies the
24 allegations
25 13 Answering paragraph 13 Defendant lacks information and belief upon
26 which to answer the allegations contained therein and on that basis denies the
27 allegations
28 14 Answering paragraph 14 Defendant lacks information and beliefupon
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1 which to answer the allegations contained therein and on that basis denies the
2 allegations.
3 15. Answering paragraph 15 Defendant denies the allegations contained therein.
4 16. Answering paragraph 16 Defendant denies the allegations contained therein.5 17. Answering paragraph 17 Defendant denies the allegations contained therein.
6 18. Answering paragraph 18 Defendant denies the allegations contained therein.
7 19. Answering paragraph 19 Defendant denies the allegations contained therein.
8 20 Answering paragraph 20 Defendant denies the allegations contained therein.
9 21 Answering paragraph 21 Defendant denies the allegations contained therein.
10 22. Answering paragraph 22 Defendant denies the allegations contained therein.
23. Answering paragraph 23 Defendant denies the allegations contained therein.
12 24. Answering paragraph 24 Defendant denies the allegations contained therein.
13 25. Answering paragraph 25 Defendant denies the allegations contained therein.
14 26. Answering paragraph 26 Defendant denies the allegations contained therein.
15 27. Answering paragraph 27 Defendant denies the allegations contained therein.
16 28. Answering paragraph 28 Defendant denies the allegations contained therein.
17 29. Answering paragraph 29 Defendant denies the allegations contained therein.18 30. Answering paragraph 30 Defendant denies the allegations contained therein.
19 31. Answering paragraph 31 Defendant denies the allegations contained therein.
20 32. Answering paragraph 32 Defendant denies the allegations contained therein.
21 33. Answering paragraph 33 Defendant denies the allegations contained therein.
22 34. Answering paragraph 34 Defendant denies the allegations contained therein.
23 35. Answering paragraph 35 Defendant denies the allegations contained therein.
24 36. Answering paragraph 36 Defendant denies the allegations contained therein.
25 37. Answering paragraph 37 Defendant denies the allegations contained therein.
26 38. Answering paragraph 38 Defendant denies the allegations contained therein.
27 39. Answering paragraph 39 Defendant denies the allegations contained therein.
28 40. Answering paragraph 40 Plaintiffs Complaint this Defendant
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I incorporates by reference its answers to paragraphs I through 39 o Plaintiffs Complaint
2 and by this reference incorporates the same herein.
3 41. Answering paragraph 41 no factual allegations are made therein and on that
4 basis the paragraph goes unanswered.5 42. Answering paragraph 42 Defendant admits the allegations contained therein .
.6 43. Answering paragraph 43 Defendant denies the allegations contained therein.
7 44. Answering paragraph 44 Defendant denies the allegations contained therein.
8 45. Answering paragraph 45 Defendant denies the allegations contained therein.
9 46. Answering paragraph 46 Defendant denies the allegations contained therein.
10 47. Answering paragraph 47 Defendant denies the allegations contained therein.
48. Answering paragraph 48 Defendant denies the allegations contained therein.
12 49. Answering paragraph 49 Defendant denies the allegations contained therein.
50. Answering paragraph 50 Defendant denies the allegations contained therein.
14 51. Answering paragraph 51 Defendant denies the allegations contained therein.
15 52. Answering paragraph 52 Defendant denies the allegations contained therein.
16 53. Answering paragraph 53 o Plaintiffs Complaint this Defendant
17 incorporates by reference its answers to paragraphs I through 52 o Plaintiffs Complaint18 and by this reference incorporates the same herein.
19 54. Answering paragraph 54 no factual allegations are made therein and on that
20 basis the paragraph goes unanswered.
21 55. Answering paragraph 55 Defendant denies the allegations contained therein.
22 56. Answering paragraph 56 Defendant denies the allegations contained therein.
23 57. Answering paragraph 57 Defendant denies the allegations contained therein.
24 58. Answering paragraph 58 Defendant denies the allegations contained therein.
25 59. Answering paragraph 59 o Plaintiffs Complaint this Defendant
26 incorporates by reference its answers to paragraphs I through 58 o Plaintiffs Complaint
27 and by this reference incorporates the same herein.
28 60. Answering paragraph 60 no factual allegations are made therein and on
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1 that basis the paragraph goes unanswered.
2 61. Answering paragraph 61 Defendant lacks sufficient information and belief
3 and on that basis denies the allegations contained therein.
4 62. Answering paragraph 62 Defendant denies the allegations contained therein.5 63. Answering paragraph 63 Defendant denies the allegations contained therein.
6 64. Answering paragraph 64 Defendant denies the allegations contained therein.
7 65. Answering paragraph 65 Defendant denies the allegations contained therein.
8 66. Answering paragraph 66 Defendant denies the allegations contained therein.
9 67. Answering paragraph 67 Defendant denies the allegations contained therein.
10 68. Answering paragraph 68 Defendant denies the allegations contained therein.
69. Answering paragraph 69 Defendant denies the allegations contained therein.
12 70. Answering paragraph 70 Defendant denies the allegations contained therein.
3 71. Answering paragraph 71 Defendant denies the allegations contained therein.
14 72. Answering paragraph 72 Defendant denies the allegations contained therein.
15 73. Answering paragraph 73 Defendant denies the allegations contained therein.
16 74. Answering paragraph 74 Defendant denies the allegations contained therein.
17 75. Answering paragraph 75 Defendant denies the allegations contained therein.18 76. Answering paragraph 76 Defendant denies the allegations contained therein.
19 77. Answering paragraph 77 Defendant denies the allegations contained therein.
20 78. Answering paragraph 78 Defendant denies the allegations contained therein.
79. Answering paragraph 79 Defendant denies the allegations contained therein.
22 80. Answering paragraph 80 Plaintiffs Complaint this Defendant
23 incorporates by reference its answers to paragraphs 1 through 79 Plaintiffs Complaint
24 and by this reference incorporates the same herein.
25 81. Answering paragraph 81 no factual allegations are made therein and on that
26 basis the paragraph goes unanswered.
27 82. Answering paragraph 82 Defendant denies the allegations contained therein.
28 83. Answering paragraph 83 Defendant denies the allegations contained therein.
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1 84. Answering paragraph 84, Defendant denies the allegations contained therein.
2 85. Answering paragraph 85, Defendant denies the allegations contained therein.
3 86. Answering paragraph 86, Defendant denies the allegations contained therein.
4 87. Answering paragraph 87, Defendant denies the allegations contained therein.5 88. Answering paragraph 88, Defendant denies the allegations contained therein.
6 89. Answering paragraph 89, Defendant denies the allegations contained therein.
7 90. Answering paragraph 90 Plaintiffs Complaint, this Defendant
8 incorporates by reference its answers to paragraphs 1 through 89 Plaintiffs , Complaint
9 and by this reference incorporates the same herein.
10 91. Answering paragraph 91, no factual allegations are made therein, and on that
basis the paragraph goes unanswered.
12 92. Answering paragraph 92, Defendants lack sufficient information and belief
3 upon which to answer the allegations contained therein, and on that basis denies the
14 allegations, except for the following allegations which are admitted: Scene Defendants
15 as defined in the Complaint were duty bound by California Penal Code 8 not to
16 author, accept or otherwise present or ratify false or misleading police reports.
17 93. Answering paragraph 93, Defendant denies the allegations contained therein.18 94. Answering paragraph 94, Defendant denies the allegations contained therein.
19 95. Answering paragraph 95, Defendant denies the allegations contained therein.
20 96. Answering paragraph 96, Defendant denies the allegations contained therein.
21 97. Answering paragraph 97, Defendant denies the allegations contained therein.
22 98. Answering paragraph 98, Defendant denies the allegations contained therein.
23 99. Answering paragraph 99, Defendant denies the allegations contained therein.
24 100. Answering paragraph 100, Defendant denies the allegations contained
25 therein.
26 101. Answering paragraph 101, Defendant denies the allegations contained
27 therein.
28 102. Answering paragraph 102, Defendant denies the allegations contained
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Answering paragraph 107 Defendant denies the allegations contained
Answering paragraph 106 Defendant denies the allegations contained
Answering paragraph l l Defendant denies the allegations contained
Answering paragraph 110 Defendant denies the allegations contained
Answering paragraph 109 Defendant denies the allegations contained
Answering paragraph 108 Defendant denies the allegations contained
1 therein.
2 103. Answering paragraph 103 Defendant denies the allegations contained
3 therein.
4 104. Answering paragraph 104 of Plaintiffs Complaint this Defendant
5 incorporates by reference its answers to paragraphs 1 through 103 of Plaintiffs
6 Complaint and by this reference incorporates the same herein.
Answering paragraph 105 Defendant denies the allegations contained105.
8 therein.
9 106.
10 therein.
107.
12 therein.
13 108.
14 therein.
15 109.
16 therein.
17 110.18 therein.
19 111.
20 therein.
21 112. Answering paragraph 112 of Plaintiffs Complaint this Defendant
22 incorporates by reference its answers to paragraphs 1 through of Plaintiffs
23 Complaint and by this reference incorporates the same herein.
24 113. Answering paragraph 113 Defendant denies the allegations contained
25 therein.
26 114. Answering paragraph 114 Defendant denies the allegations contained
27 therein.
28 115. Answering paragraph 115 Defendant denies the allegations contained
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1 therein.
2 116. Answering paragraph 116 of Plaintiffs Complaint this Defendant
3 incorporates by reference its answers to paragraphs 1 through 115 Plaintiffs
4 Complaint and by this reference incorporates the same herein.
5 117. Answering paragraph 117 Defendant denies the allegations contained
6 therein.
7 118. Answering paragraph 118 Defendant denies the allegations contained
8 therein.
9 119. Answering paragraph 119 Defendant denies the allegations contained
10 therein.
120. Answering paragraph 120 Defendant denies the allegations contained
12 therein.
121. Answering paragraph 121 Defendant denies the allegations contained
14 therein.
15 122. Answering paragraph 122 Defendant denies the allegations contained
16 therein.
17 123. Answering paragraph 123 of Plaintiffs Complaint this Defendant18 incorporates by reference its answers to paragraphs 1 through 122 Plaintiffs
19 Complaint and by this reference incorporates the same herein.
20 124. Answering paragraph 124 Defendant denies the allegations contained
21 therein.
22 125. Answering paragraph 125 Defendant denies the allegations contained
23 therein.
24 126. Answering paragraph 126 Defendant denies the allegations contained
25 therein.
26 127. Answering paragraph 127 Plaintiffs Complaint this Defendant
27 incorporates by reference its answer to paragraphs 1 through 126 Plaintiffs Complaint
28 and by this reference incorporates the same herein.
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1 128. Answering paragraph 128, no factual allegations are made therein, and on
2 that basis the paragraph goes unanswered.
3 129. Answering paragraph 129, Defendant denies the allegations contained
4 therein.
5 130. Answering paragraph 130, Defendant denies the allegations contained
6 therein.
7 131. Answering paragraph 131, Defendant denies the allegations contained
8 therein.
9 132. Answering paragraph 132, Defendant denies the allegations contained
10 therein.
FFIRM TIVE EFENSES
12 As separate and distinct affirmative defenses, Defendant alleges each of the
13 following:
14 1. The force used against Plaintiffs, if any, was caused and necessitated by the
15 actions of Plaintiffs, and was reasonable and necessary for self defense.
16 2. The force used against Plaintiffs, if any, was caused and necessitated by the
17 actions of Plaintiffs, and was reasonable and necessary for the defense of others.18 3. The action is barred for lack of standing to sue.
19 4. As to the federal claims and theories of recovery, the answering Defendant is
20 protected from liability under the doctrine of qualified immunity, because Defendant s
21 conduct did not violate clearly established statutory or constitutional rights of which a
22 reasonable person would have known.
23 5. The answering Defendant is immune from liability for all damages sustained
24 after the prosecutor initiated criminal charges, pursuant to Smiddy v. Varney, 803 F.2d
25 1469 9th Cir. 1986), and Jackson v ity of San Diego, 121 Cal.App.3d 579 1981).
26 6. Defendant City of Los Angeles and all Defendants sued in their official
27 capacities are immune from the imposition of punitive damages.
28 7. The damages alleged were directly and proximately caused and contributed
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reduced in proport ion to the amount of said negligence.
8. Th e damages alleged were directly and proximately caused and contributed
to by the negligence o f other persons and the extent of damages sustained i f any should
1 to by th e negligence o f Plaintiff and the extent of damages sustained i f any should be
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5 be reduced in proportion to the amount of said negligence.
6 9. Plaintiffs had actual knowledge of the condition an d particular danger
7 alleged knew and understood the degree of the risk involved an d voluntarily assumed
affirmative defense:
10. Defendant is immune from liability pursuant to th e provisions of each ofthe
following California statutes each of which is set forth as a separate and dist inct
8 such risk.
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12 Government Code 815.2; 818; 820.2; 820.4; 820.8;
13 Penal Code 836; 836.5 and 847.
14 DEMAND FOR JURY T R IAL
15 Defendant hereby demands and requests a trial by jury in this matter.
16 WHEREFORE Defendant prays for judgment as follows:
17 1. That Plaintiffs take nothing by this action;
3. That Defendant be awarded costs of suit;
4. That Defendant be awarded other and further relief as the Court ma y
deem just and proper including an award of attorney s fees pursuant to 42 U.S.C. 1988.
DATED: January 12 2012
CARMEN A. TRUTANICH City Attorney
GARY G GEUSS Chief Assistant City AttorneyCORY M BRENTE Assistant City AttorneyMICHAEL AMERIAN Deputy City Attoney
By d ~ sM k H L AMERIAN Deputy City Attoney
Attomeys for DefendantCITY OF LOS ANGELES
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2. That the action be dismissed;
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