California Man Awarded $18 Million for False Arrest, Malicious Prosecution
California Man Awarded $18 Million for False Arrest, Malicious Prosecution
In 2002 Raul Ramirez was arrested and charged with kidnapping and assault after a 16-year-old female student was abducted at gunpoint. The girl escaped when the perpetrator demanded that she perform a sex act on him.
Ramirez, a 29-year-old teacher at the time, pled not guilty and took the case to trial. After producing cell phone records and ATM receipts proving he was miles away from the scene of the crime, a jury found Ramirez not guilty. Later, a judge made a ruling that he was “factually innocent” of the charges, a rare finding.
Ramirez then sued the Los Angeles County Sheriff's Department, saying the case should have never gone to trial and accusing the lead detective on the case, Frank Bravo, of concealing evidence.
According to Ramirez's lawsuit, Bravo kept two key facts from the court — that the victim's description of her assailant did not match Ramirez, and that at the time of the attack the girl was wearing a backpack and it did not contain Ramirez's fingerprints.
Defense attorney Michael Artan said that Bravo “arrested Mr. Ramirez and basically shattered his life based on the unreliable eyewitness identification… then he hid evidence that would have exonerated Mr. Ramirez.” Plaintiff further contented that Bravo coached the witness to identify Ramirez.
Ramirez spent 10 months in jail awaiting trial, where he says he faced constant threat of assault by other inmates.
A California jury awarded Ramirez $18 million for his false arrest and malicious prosecution.
Roger Granbo, who represented the county in the lawsuit, said he was disappointed by the verdict, asserting that sheriff's officials didn't think they were liable because prosecutors had determined the case against Ramirez had merit.
"The district attorney… made an independent decision to prosecute," Granbo said.
Ultimately, Ramirez accepted a settlement from the Sheriff’s department for $7.3 million and the department agreed not to appeal. See: Ramirez v. Los Angeles County Sheriff’s Dept., U.S.D.C. (C.D. Cal. 2006) Case no. 2:04-cv-06102-GAF-FMO.
Source: LawyersUSA, www.lawyersusaonline.com
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Related legal case
Ramirez v. Los Angeles County Sheriff’s Dept.
| Year | 2006 |
|---|---|
| Cite | U.S.D.C. (C.D. Cal. 2006) Case no. 2:04-cv-06102-GAF-FMO |
| Level | District Court |
| Conclusion | Settlement |
| Damages | 7,300,000.00 |