Couple Ask L. A. for $60-Million Damages in Battering-Ram Case
A couple that were renting a house in Pacoima on which the Los Angeles police used a motorized battering ram to serve a search warrant in February have asked the city for $60 million in damages.
The claim, filed March 22 in the city clerk’s office, seeks $20 million each in compensatory and punitive damages for Antonio Johnson, 25; his wife, Linda, 24, and her son Marquez Norton, 5, police Sgt. Jim Schiarra said. The family’s rented home at 13037 Louvre St. was the first target of the armored military vehicle, which is equipped with a 14-foot steel battering ram.
The claim accuses the police of negligence, violation of civil rights, intentional infliction of emotional distress, assault, battery and damaging property, said attorney Johnnie Cochran, who is handling the case on a contingency-fee basis.
‘Distress and Trauma’
“We believe there was a significant amount of emotional distress and trauma wrought on this family unnecessarily, and we think the city is responsible for this,” Cochran said.
“These were completely innocent people. They have trouble sleeping at night. They cannot get it out of their mind. They see a police car and they remember it.”
Cochran said he expects the city to reject the claim. He will then file a lawsuit against the city and the officers who took part in the raid, including Police Chief Daryl Gates, who was aboard the ram when it smashed a hole in a front room of the house, he said.
Police officers said the Johnson residence was believed to be a “rock house,” a fortified dwelling from which cocaine is sold in “rock” form. The home’s only occupants at the time of the Feb. 6 raid were Linda Johnson, her son and a friend visiting with two small children.
Husband, Wife Arrested
Antonio Johnson arrived home shortly after the raid and was arrested on suspicion of sale of cocaine. His wife was arrested on suspicion of child endangering. The child was taken into protective custody but later was returned to her parents.
The raid yielded such a small quantity of drug--less than 0.1 grams of cocaine--that the district attorney’s office refused to file any charges.
Another claim filed against the city seeks damages for the Police Department’s second use of the mechanized battering ram a week later in South Central Los Angeles.
In a claim filed March 20, Lawrence O. Fordiani, owner of the South Central Los Angeles home damaged by the battering ram, seeks damages of “at least $7,500 plus loss of rent at the rate of $450 per month,” Schiarra said.
Police confiscated about a quarter of an ounce of cocaine in rock form and arrested three juveniles, two of whom were subsequently charged with selling cocaine.
“No decision has been made as to the disposition of the claims,” said Assistant City Atty. John Neville, head of the liability division. “We’re going to examine it and handle it on a routine basis as we would any other claim.” The city attorney’s office has 45 days to rule on them. It rarely pays on such claims, Neville said.
No claims have been filed in connection with the third use of the battering ram on March 22 on a suspected rock house on Lake View Terrace. Police seized two ounces of cocaine and arrested a 25-year-old Pacoima man who subsequently was charged with possession of cocaine and transporting cocaine for sale.
The American Civil Liberties Union filed a lawsuit challenging use of the battering ram to knock down walls. The plaintiffs are Delores Langford and her two small children, who were visiting the Pacoima house at the time of the raid.
The suit maintains that the ram is dangerous and violates state and federal constitutional protections against excessive force, invasion of privacy and unreasonable search and seizure.
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