LeBeau v Municipal Corporation

N/A

OUTCOME: Verdict-$1,825,000

Police officers assault wrong suspect when investigating complaint; Man suffers cervical disc herniations; defense says he provoked the attack $1.825 million In a 42 U.S.C. § 1983 and assau ... lt and battery lawsuit filed in U.S. District Court for the Eastern District of Michigan, and then submitted to binding arbitration, plaintiff James LeBeau sought economic, non-economic and punitive damages against defendant municipal cor- poration and its police officers following an assault at plaintiff’s home. LeBeau, a 43-year-old small engine mechanic, was alone in his home the night of Feb. 9, 2007, when defen- dant police officers arrived at the home under the guise of investigating a misdemeanor complaint that oc- curred earlier that evening at a different house in the same subdivision. The officers, who had had earlier confrontations with LeBeau, pulled him out of the house upon answering the door. Defendants beat and kicked LeBeau, then yanked him up by his neck and applied pepper spray. Plaintiff ’s independent witness, who lived across the street from plaintiff, saw the entire episode and con- firmed plaintiff’s testimony. The altercation led to severe cervical disc hernia- tions, and LeBeau underwent an anterior, cervical dis- cectomy and fusion at C3/C4 and C6/C7. Defendants admitted their mistake in going to plain- tiff ’s house in the first place. However, they denied lia- bility claiming that the plaintiff provoked the incident by initially assaulting the officers when he opened his front door. Plaintiff was awarded $1.825 million in binding arbitration. Type of action: 42 U.S.C. § 1983, assault and battery Type of injuries: Four cervical disc herniations Name of case: LeBeau v. Confidential Municipal Corporation and Police Officers Court/Case no./Date: U.S. District Court, Eastern District of Michigan; confidential; May 13, 2010 Arbitration award: $1.825 million Special damages: Lifetime economic and non-economic damages Most helpful expert: Dr. Karol Zakalik, neurosurgeon, Royal Oak Insurance carriers: Self-insured and excess carrier Attorneys for plaintiff: Vincent R. Lorelli, Malgorzata Lorelli Attorney(s) for defendant: Withheld Key to winning: Thorough investigation at inception of case to rebut police officers’ version of events