"We believe that under the circumstances, the officers' actions
were consistent with LAPD policy, which attempts to ensure the safety
of the person stopped, as well as the safety of the public and the officers."
-- Eric Moses, spokesman for City Atty. Rocky Delgadillo"The verdict and assessment of damages are very disappointing,"
said City spokesman, Eric Moses. "In taking this case to trial, the city felt
it had to do everything possible to fight excessive payouts and to defend officers
on the street who are doing the best they can in very tense situations."
Driving While Black
-- Decision | November 19, 2003 | Awarded $33 Million
October 16, 2003Gousse Vs. LAPD-Rampart Division Racial Profiling Trial Starts Monday
LOS ANGELES--(BUSINESS WIRE)--Oct. 16, 2003--A lawsuit involving allegations of racial profiling will begin trial on Monday, October 20, 2003, at 9:30 AM in Los Angeles Superior Court before the Hon. Elizabeth A. Grimes.
Urological reconstructive surgeon Dr. Angelo E. Gousse sued the Los Angeles Police Department, the City of Los Angeles, and Budget Rent-A-Car Corporation on June 21, 2001, for violation of his civil rights and negligence. He alleges that police misconduct during a traffic stop and later, at the Rampart Police Station, caused permanent injuries to his left arm and wrist. The trial is expected to last two weeks. Dr. Gousse is represented by Browne Greene with the Santa Monica, Calif., law firm of Greene, Broillet, Panish & Wheeler, LLP and Sheldon J. Schlesinger of Fort Lauderdale, Fla. (Gousse vs. City of Los Angeles, Case No. BC 252804.)
On February 9, 2001, Dr. Gousse, a black man of Haitian descent, flew from his Miami home to Los Angeles to lecture at a UCLA-sponsored medical conference. He rented a red Ford Taurus from Budget Rent-A-Car's Los Angeles International Airport location. He did not know that Budget had purchased the car in May 2000, along with a gold Ford Taurus, and that the license plates on the two cars had been switched; or that on July 4, 2000, Budget had reported the gold Ford Taurus stolen.
On February 11, 2001, at approximately 2:00 AM, Dr. Gousse was driving the red Ford Taurus Budget Rent-A-Car westbound on Interstate 10 (Santa Monica Freeway) near the Arlington Avenue exit when he was pulled over by Rampart Division LAPD Officers Mario Rojas and Javier Mora. Several back-up units and a police helicopter were called to the scene. An officer with a bullhorn ordered Dr. Gousse to throw his keys out on the ground and then exit the vehicle.
With the guns of at least six police officers pointed at his head and the helicopter roaring above him, Dr. Gousse was ordered to lie down on the ground. One officer jammed his leg into Dr. Gousse's back. Dr. Gousse was handcuffed in violation of LAPD procedure, which requires the police to check for tightness and to "double lock" the handcuffs to prevent them from getting tighter. The Rampart officers began directing racial remarks at him, such as being told: "Hey, boy, you're in Los Angeles now." Officers Clinton Achziger and Marco Oropeza and Sergeants Robert Hamilton and William Arellano were also present.
At the scene, Dr. Gousse tried to tell the Rampart police that he was a doctor in town for a medical conference and that the rental documents for the car were in the glove compartment. The police refused to listen. They made no effort to look at his identification, or to retrieve the exculpatory documents.
The LAPD arrested Dr. Gousse without telling him why. Then, with alleged excessive force and violence, they pulled him up from the ground by his arms in violation of LAPD procedures, put him in a squad car and took him to the Rampart police station.
In the back seat of the car, Dr. Gousse complained that the handcuffs were too tight and were hurting his hands. The police ignored his requests to loosen the cuffs.
He was told that if he continued to move around, the handcuffs would only get tighter, evidence that the handcuffs had not been double locked.
The barrage of racial and verbal abuse that had begun from the onset of the traffic stop continued.The LAPD's policy in Grand Theft Auto investigations includes:
(1) obtaining ownership documents from the vehicle,(2) running the Vehicle Identification Number on the Mobile Data Terminal (MDT) to determine if the vehicle is stolen, and
(3) checking the suspect's identification.
The LAPD officers deposed in this lawsuit admitted that these steps would have taken only a few minutes to complete at the scene, and that it was LAPD policy to do so. They also admitted that they failed to take any of these steps before taking Dr. Gousse to the Rampart station.At the Rampart station, Dr. Gousse finally learned that he had been arrested for the alleged theft of Budget's car.
He was never read his Miranda rights.
By this time, the handcuffs had tightened on his wrists to the point where his hands had gone numb. The handcuffs were removed, but only after the police put Dr. Gousse in a jail cell. Dr.
Gousse had never been arrested or even gotten a traffic ticket. He was a law-abiding citizen who had come to the United States to study medicine and went on to become one of the leading surgeons in his field.
While in custody, Dr. Gousse was questioned by Sergeants Daniel Charles Bunch and Michael Gerard Daly. After the officers conducted an investigation at the station, they learned via an MDT transmission that the "rental company screwed up" and that Dr. Gousse's arrest was improper.
Instead of letting him go, the police began running a tape recorder and making self-serving statements. They asked Dr. Gousse leading questions in an attempt to "cover up" the police officers' misconduct, but he did not succumb to this ruse.
Dr. Gousse was in custody for almost two hours. He was never offered even the weakest of apologies when he was finally allowed to leave.
The rental car was impounded and he was driven back to his hotel by a police officer who, as Dr. Gousse recalled in his deposition, told him:
"You know, you should think about sending us a thank you card."Before the incident, Dr. Gousse was a successful urological surgeon working as an associate professor for the University of Miami School of Medicine. He was on the verge of launching his own private practice, specializing in reconstructive surgery. As a result of the LAPD's misconduct, Dr. Gousse has been diagnosed with a radial sensory nerve injury and a brachial plexus injury. He is now severely limited in the duration and types of surgeries that he can perform, and is often relegated to acting in a supervisory role in the surgical suite.Dr. Gousse replied, "A thank you card"?
And the officer then said,
"Yeah, we didn't treat you that badly...
it's incredible that we got you in and you were not booked. That's very unusual."As Browne Greene explained:
"Dr. Gousse was "guilty' of only one thing: Driving While Black.Had he been a white man, the LAPD's Rampart officers would have looked at Dr. Gousse's identification, would have retrieved the exculpatory rental documents that were in the glove compartment, and probably never would have handcuffed or arrested him.
Instead, and with utter disregard of Dr. Gousse's civil rights and of the very laws that they swore to uphold, the police acted like brutes intent on doing all that they could to hurt and debase Dr. Gousse.
"Budget Rent-A-Car's negligence set the stage," added Browne Greene, "and they bear some responsibility here, but it was the actions of the LAPD's Rampart officers that turned Dr. Gousse's American dream into a Gothic nightmare.
In one moment, he was just another person driving along the freeway, and in the next moment, he became the victim of racial hatred and physical violence. The police have ruined Dr. Gousse's career and his peace of mind forever.
What the police did to Dr. Gousse is criminal, and that's why we'll do everything possible to see that justice is served."
"The events of February 11, 2001, have made me a changed man. I am haunted every time that I hear the sound of a helicopter or see a police car pass by. My dreams are more often than not nightmares. I had never been in trouble with the law before this horrendous incident, nor had I ever been arrested before. it was humiliating to have to beg the Rampart police to stop the pain caused by the handcuffs and to have my requests ignored all because I am a black man.I yearn to do the work that was my life's passion, but they have robbed me of that. As a physician, I know that I can't be made whole and this only exacerbates my feelings of frustration and hopelessness.
"Racial profiling is an evil upon this land," commented Dr. Gousse, "and none of us can truly be free until we are rid of it. And, that is why I intend to make it my goal to raise my voice and speak out against this injustice until it becomes a thing of the past."
Editor's Note #1:
Angelo E. Gousse, age 40, immigrated to the United States from Haiti in 1982. He is a Phi Beta Kappa Valedictorian of York College, City University of New York. He received his medical degree with highest honors from Yale University School of Medicine, and was a recipient of the Jonas Salk Scholarship for the Study of Medicine. Dr. Gousse completed his residency at Baylor College of Medicine and his fellowship in urology at the UCLA School of Medicine. He is married and has two children. His wife, Marie May Gousse (age 36 and a pharmacist), is a co-plaintiff is this case.
Editor's Note #2:
Plaintiffs are represented by Browne Greene and Mark Quigley with Greene, Broillet, Panish & Wheeler, LLP | http://GBPWlaw.com | Tel: 310-576-1200; and Sheldon J. Schlesinger of Fort Lauderdale; Tel: 954-467-8800.
Defendant City of Los Angeles is represented by Cory Brente and Christian Bojorquez with the City Attorney's Office; Tel: 213-978-7027. Defendant Budget Rent-A-Car is represented by James B. Hardin with Call, Jensen & Ferrell; Tel: 949-717-3000.
October 16, 2003
© 2003 Business Wire
Business Wire
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Dr. Angelo E. Gousse
Awarded $33 Million
by Jury in LAPD-Rampart Division Racial Profiling LawsuitLOS ANGELES -- (BUSINESS WIRE) -- Nov. 19, 2003
A Los Angeles Superior Court jury, after three days of deliberation, awarded Dr. Angelo E. Gousse $33 million in general damages in his civil lawsuit against the LAPD-Rampart Division, City of Los Angeles and Budget Rent-A-Car Corporation (NYSE:CD).The jury apportioned
57 percent of that amount, or $18,810,000, to Budget Rent-A-Car Corporation; and
43 percent of that amount, or $15,510,000, to the City of Los Angeles/LAPD.The trial began October 20, 2003 and was heard before the Hon. Elizabeth A. Grimes. Dr. Gousse was represented by Browne Greene with the Santa Monica, CA. law firm of Greene, Broillet, Panish & Wheeler, LLP and Robert W. Kelley with the Office of Sheldon J. Schlesinger, P.A. of Fort Lauderdale, FL. Gousse vs. City of Los Angeles, Case No. BC 252804.
"If it could happen to me," said Dr. Angelo E. Gousse, "it could happen to you. The jury recognized that a great injustice was done to me and voted accordingly, and I am most grateful to them. I know that I would not have been manhandled, disrespected or injured had I been a white man, and that's why I have spoken out about this case from the beginning."
Added Dr. Gousse: "Now that this trial is over, it is my intent to carry the torch lit by Abner Louima, whose civil rights were violated by the NYPD in 1997, by launching Civil Rights Net. As a web-based non-profit organization, Civil Rights Net will function to better educate the public about their civil rights, and provide them with helpful links, such as referrals to law firms and other civil rights advocacy groups such as the American Civil Liberties Union."
"The jury correctly appreciated that Budget Rent-A-Car and the police played equal roles in this case and has held them responsible for Dr. Gousse's injuries," said Browne Greene, "but the victory is bittersweet because he will always be traumatized by the jarring way in which the LAPD-Rampart police treated him. We hope that this case sends a strong message across the United States that no one is above the law when it comes to civil rights violations, particularly those sworn to protect those very rights -- the police."
Dr. Gousse filed suit June 21, 2001 against the Defendants for civil rights violations, civil battery, false arrest, negligence and loss of consortium. He alleged that Budget Rent-A-Car's negligence set the stage for the LAPD's misconduct, and which caused him permanent injuries.
A Miami, FL. urological reconstructive surgeon, Dr. Gousse, a 40-year-old black man of Haitian descent, came to Los Angeles in February 2001 for a UCLA medical conference. He rented a car from Budget's LAX location that bore the switched plates of another of its cars that had been reported stolen. Budget's policy was not to allow any of its vehicles to exit the rental lot if its license plate number did not correspond with the license plate number listed in its computer. Dr. Gousse was allowed to leave the lot, even though the license plates on his car were mismatched, and which fact had escaped Budget's attention on 43 other separate occasions with its customers.
On February 11, 2001, Dr. Gousse was driving westbound on the Santa Monica Freeway near Arlington Street when he was stopped by LAPD-Rampart Division officers. Back-up units and a police helicopter were called to the scene, and with their guns aimed at him, the police ordered Dr. Gousse to the ground. He was handcuffed, then pulled up from a prone position, placed in a squad car and taken to Rampart Division. He was arrested, but never read his Miranda rights.
At the scene, Dr. Gousse alleges that the police made no effort to look at his identification or to retrieve the exculpatory car rental documents that were in the glove compartment. He complained that the handcuffs were too tight, but they weren't removed until his hands had gone numb and he was placed in a jail cell. Throughout his almost 2-hour ordeal, Dr. Gousse was subjected to verbal abuse by the police.
At the Rampart Station, they learned that the arrest was improper. Instead of releasing him, they began running a tape recorder and tried to ask Dr. Gousse leading questions in an attempt to "cover-up" the police officers' misconduct, but he did not succumb to this ruse.
Editor's Note:Dr. Gousse and his wife, Marie May Gousse,
were represented by lead trial attorney
Browne Greene
with the Santa Monica, CA. law firm of
Greene, Broillet, Panish & Wheeler, LLP | http://gbpwlaw.com |
Tel: 310-576-1200; andRobert W. Kelley
with the Office of Sheldon J. Schlesinger, P.A. of Fort Lauderdale, FL.;
Tel: 954-467-8800.Defendant City of Los Angeles was represented by
Cory Brente and Christian Bojorquez
with the City Attorney's Office; Tel: 213-978-7027.Defendant Budget Rent-A-Car
was represented by Donald W. Carlson with
Carlson, Calladine & Peterson, LLP;
Tel: 415-391-8141.
Justice Online: http://www.justiceonline.org/ |
Injured MD Gets Big Award
LAPD is ordered to pay $14.2 million,
rental-car firm $18.8 million in the 2001 incident.RACIAL DISCRIMINATION
POLICE BRUTALITY
BUDGET RENT A CAR CORP
LOS ANGELES POLICE DEPARTMENT
BUDGET RENT A CAR CO
DOCTORS VICTIM COMPENSATION
LOS ANGELES POLICE DEPARTMENTBy Jean Guccione
Times Staff WriterA Miami surgeon was awarded $33 million in damages Wednesday after jurors found that Los Angeles Police Department officers handcuffed him so tightly that he suffered permanent nerve damage, partially ending his ability to perform surgery. "I hope that the police take this verdict as an opportunity to revisit safety measures when handling the citizens of Los Angeles," said Dr. Angelo E. Gousse.
The jury ordered the LAPD to pay $14.2 million. Budget Rent-a-Car, which placed license plates on the car Gousse rented that erroneously had been reported stolen, was ordered to pay the remaining $18.8 million.
It was one of the largest negligence verdicts ever against the LAPD.
The jury of seven women and five men took 2 1/2 days to reach the verdict in the monthlong trial before Los Angeles County Superior Court Judge Elizabeth Grimes.
Gousse was awarded $31 million for past and future medical expenses, lost earning capacity, physical pain and mental suffering. His wife, Marie May Gousse, was awarded $2 million for loss of consortium.
"That was far more than I asked for," said Gousse's attorney, Browne Greene.
It's "$15 million we don't have," said Los Angeles City Councilman Tony Cardenas, when told of the verdict. "I support the city attorney [in] looking to see if we can appeal it."
Los Angeles police had pulled Gousse over as he drove the car carrying the suspect plates on the Santa Monica Freeway in February 2001.
Gousse testified that he complained that the handcuffs were hurting his wrists, but officers did nothing to help him as he sat in the back of the police car. Attorney Greene contended that the officers also failed to lock the cuffs, and said that locking would have prevented them from ratcheting Gousse's wrists more tightly when he moved.
Greene convinced jurors that police did not follow proper procedure that would have resolved the records mix-up within minutes, rather than more than an hour.
Greene also blamed Budget for switching the license plates on Gousse's rented car with those that belonged on another vehicle reported stolen months earlier.
Gousse was in Los Angeles on February 2001 to attend a medical conference at UCLA. His injuries, which are permanent, require Gousse, an associate professor of clinical urology at the University of Miami School of Medicine, to get help to perform the urological reconstructive surgery that is his specialty, Greene said.
"He lost his entire career in private practice," the lawyer said.
Marie May Gousse said she hopes the verdict will make her husband feel better. "The jury has said he didn't deserve [that treatment]," she said.
Some jurors said they believed police had a legitimate right to stop Gousse, but believed the officers did not follow policy when they forced him to lie face down in the street, handcuffed him too tightly and took him to the Rampart station.
"I think the police have a right to protect themselves," juror Ricardo Ayala said. But he added that he believed Greene's contention that the entire incident could have been quickly and easily resolved at the scene if the deputies had checked the car rental agreement in the glove compartment or the vehicle identification number.
Another juror, Wendy Ortega, said she didn't believe Gousse should have been forced to lie in the street. But she also blamed Budget for putting Gousse in that situation.
"I totally believe that this incident would not have happened" without Budget putting the wrong license plates on the Gousse car, Ortega said.
Ayala said the jury had difficulty calculating the damage award. "For a doctor, the hands are the most valuable part of the body. How do you put a price on them?"
The city has not yet decided if it would appeal, said Eric Moses, spokesman for City Atty. Rocky Delgadillo.
"The verdict and assessment of damages are very disappointing," he said. "In taking this case to trial, the city felt it had to do everything possible to fight excessive payouts and to defend officers on the street who are doing the best they can in very tense situations."
Gousse's last settlement demand, made just before trial, was for $17 million, Moses said, so by going to trial "we saved about $3 million."
Despite the verdict, Moses blamed Budget for the incident. "We believe that under the circumstances, the officers' actions were consistent with LAPD policy, which attempts to ensure the safety of the person stopped, as well as the safety of the public and the officers," Moses said.
Gousse said the verdict also shows that rental-car companies must "be more responsible … and not put customers in harm's way."
Representatives at Budget were unavailable for comment Wednesday
* Times staff writer Jessica Garrison contributed to this report.
Posted November 20 2003Jury awards UM surgeon $33 million f
or police-inflicted injuries during L.A. traffic stop
By Jaime Hernandez
Staff WriterA jury in Los Angeles awarded a University of Miami urology surgeon and professor $33 million Wednesday after finding the Los Angeles Police Department and Budget Rent-a-Car Co. liable for hand, wrist and shoulder injuries the doctor suffered during a 2001 traffic stop.
Jurors deliberated for more than two days before siding with Dr. Angelo E. Gousse, an assistant professor at the University of Miami School of Medicine's Department of Urology who performs complicated procedures to treat women with urology disorders. The panel ordered Los Angeles to pay 43 percent of the award and Budget 57 percent, said Bob Kelley, Gousse's attorney.
"The jury ... has spoken very clearly," Gousse said. "They will not tolerate any degree of police brutality and mistakes, and they will not tolerate improper conduct by Budget Rent-a-Car."
Eric Moses, a spokesman for the Los Angeles City Attorney's Office, said his office will likely appeal the decision.
"The verdict and assessment of damages are very disappointing," Moses said. "The city believes that under the circumstances, the officers' actions were consistent with department policy."
The trial lasted about a month.
Gousse, 40, was in Los Angeles for a symposium at the UCLA Medical Center on Feb. 11, 2001. He was driving back to his hotel in a rented Ford Taurus when police pulled him over because the license tag on the Taurus belonged to a vehicle that was reported stolen a year earlier.
Officers forced Gousse to the ground and handcuffed him as multiple police cars arrived and a helicopter hovered overhead. He was taken to the Los Angeles police station and remained handcuffed until he complained of pain in his hands, Kelley said.
Gousse, of Miramar, accused police of refusing to inspect his rental car documents, which were in the glove compartment, and denying him medical attention. Police officials said he refused medical help.
Kelley said the improperly applied handcuffs damaged nerves in Gousse's hands and officers injured his left shoulder. His client now relies on help from other doctors during surgeries because he has a hard time keeping his hands and fingers still.
"Although that injury may not have an impact on the average person, it had a dramatic impact on his career," Kelley said.
Budget officials have acknowledged that the license tag had inadvertently been assigned to Gousse's car. They could not be reached for comment late Wednesday.
Gousse said his injuries haven't caused him to err during surgeries. He said he intends to go back to work when he returns from Los Angeles within a week.
"I love being a doctor," said Gousse, a native of Haiti who graduated valedictorian from City University of New York and attended the Yale University School of Medicine.
"I will continue being a surgeon and I will continue doing it as long as I can do it safely."
Jaime Hernandez can be reached
at jahernandez@sun-sentinel.com or 954-356-4631.
Surgeon Mistakenly Handcuffed Awarded MillionsInjuriy Prevents Doctor From Performing Surgery
November 20, 2003
LOS ANGELES -- A jury awarded a Miami surgeon $33 million for injuries he suffered when he was mistakenly handcuffed by Los Angeles Police Department officers.
Superior Court jurors recommended Wednesday that the department pay $14.2 million to Dr. Angelo Gousse, who said he suffered permanent nerve damage in the February 2001 incident. The remaining $18.8 million was to come from Budget Rent-A-Car, which mistakenly placed license plates on his rental car that had been reported stolen.
"I hope that the police take this verdict as an opportunity to revisit safety measures when handling the citizens of Los Angeles," Gousse said. The 40-year-old associate professor of clinical urology at the University of Miami School of Medicine said his injuries prevent him from performing the specialty work he once did in urological reconstructive surgery.
"He lost his entire career in private practice," said his lawyer, Browne Greene.
Gousse, in Los Angeles for a medical conference, rented a car at the airport that had the plates of another vehicle, which had been reported stolen. Police pulled him over early in the morning on the Santa Monica Freeway because of the suspect plates, and Gousse testified during the trial that he was handcuffed and forced to lay on the ground.
He testified that he told officers that the handcuffs were hurting his wrists, and Greene told jurors that the officers didn't follow proper procedure, which would have resolved the records confusion within minutes.
After a monthlong trial, jurors deliberated for 21/2 days before handing down their recommendation, which is among the largest negligence awards ever against the LAPD.
The city has not yet decided if it would appeal, according to a spokesman for City Attorney Rocky Delgadillo.
"The verdict and assessment of damages are very disappointing," said City spokesman, Eric Moses. "In taking this case to trial, the city felt it had to do everything possible to fight excessive payouts and to defend officers on the street who are doing the best they can in very tense situations."