Johnny Moreno vs. Vanessa Doe et al

Case Background

On August 21, 2023, Plaintiff Johnny Moreno filed a Civil Rights violation lawsuit in the United States District Court, California Central, Western Division- Los Angeles(Case number: 2:23cv7084). This case was assigned to  Judge Stephen V. Wilson and referred to Magistrate Judge Margo A. Rocconi

Cause

On August 18, 2022, Johnny Moreno, a 39-year-old resident of Los Angeles County, was taken into custody at the Los Angeles Sheriff’s Department station at 150 N. Hudson Ave. Despite informing deputies about his spinal cord injury (L1 fracture) and his need for a wheelchair under the Americans with Disabilities Act (ADA), Moreno was told by Doe Defendants that no wheelchair was available. Instead, Deputy Vanessa Doe transported him in an office chair. She disregarded his warnings about safety risks and potential ADA and OSHA violations.

During the booking process, Moreno was handcuffed and seated in the office chair. While in this position, Deputy Vanessa Doe conducted an inappropriate frisk. She sexually assaulted him by squeezing his genitals twice with malicious intent. Other deputies present failed to intervene or report the incident. After the assault, deputies placed Moreno in a cell without providing medical attention, despite his repeated requests for care. Over four days of detention, he was denied proper grievance forms or assistance.

These actions constituted clear civil rights violations, including excessive force, sexual assault, and denial of due process under the Fourth and Fourteenth Amendments.

Injuries

As a direct result of the deputies’ misconduct, Moreno suffered severe physical and emotional trauma. A medical evaluation after his release revealed blood in his urine, consistent with genital trauma. Moreno, who already lived with PTSD, experienced heightened mental distress and anxiety due to the assault and neglect. Additionally, his spinal condition worsened, causing extended pain and discomfort.

Damages

The events caused Moreno substantial harm, including:

  • Physical Injuries: Trauma to his genitals, increased pain from his spinal injury, and related complications.
  • Emotional Distress: Aggravation of PTSD, humiliation, and enduring psychological suffering.
  • Denial of Medical Care: Prolonged detention without medical attention worsened his condition.
  • Violation of Rights: The deputies’ actions irreparably harmed his civil rights and personal dignity, compounding the effects of Fourth Amendment violations.

Moreno seeks both compensatory and punitive damages for the harm he endured, holding the defendants accountable for their intentional and malicious conduct.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Johnny Moreno, an individual
    • Counsel for Plaintiff: Pro se
  • Defendant(s): Deputy Vanessa Doe | Sgt. Hernandez| County of Los Angeles
    • Counsel for Defendants: Lenore Cabreros Kelly

Claims

  • Violation of the Fourth Amendment: Deputies subjected Moreno to unreasonable searches and excessive force, disregarding his civil rights.
  • Violation of the Fourteenth Amendment: Denying Moreno medical care and failing to address the sexual assault showed deliberate indifference to his due process rights.
  • Battery: Deputy Vanessa Doe intentionally inflicted harmful and offensive touching, including sexual assault.
  • Negligence: The County of Los Angeles and its deputies failed to provide proper training and supervision, directly resulting in the harm Moreno suffered.
  • Intentional Infliction of Emotional Distress: Deputies acted with malice, causing Moreno severe emotional trauma.

These claims underscore the severity of the Fourth Amendment violations and civil rights abuses Moreno endured during his detention.

Defense

The defendants actively denied all allegations in the amended complaint, asserting various defenses while challenging the plaintiff’s claims. They acknowledged the court’s jurisdiction under federal statutes, including 28 U.S.C. § 1331 for federal questions and § 1367 for supplemental jurisdiction over state law claims. However, the defendants denied liability for negligence, excessive force, sexual assault, cruel and unusual punishment, and constitutional violations under 42 U.S.C. § 1983.

The defendants argued that the plaintiff failed to provide sufficient evidence to support claims of Fourth Amendment violations or civil rights abuses. They also denied having knowledge of actions involving unidentified individuals (“Doe defendants”). Additionally, they labeled the allegations against them as speculative and unsupported. Throughout their answer, the defendants highlighted both procedural and substantive flaws in the case. They contested every claim and maintained that the plaintiff failed to meet the burden of proof.

Jury Verdict

On November 20, 2024, the jury reached a verdict in favor of the defendants. After carefully deliberating the evidence, the jury determined that Deputy Vanessa Guzman did not grab Johnny Moreno’s groin during the pat-down search. Consequently, they found that Moreno was not entitled to any damages, rejecting his claims of Fourth Amendment violations and civil rights infringements. The court finalized this outcome with a judgment entered on January 3, 2025, solidifying the decision in favor of the defense.

Court Documents:

Documents are available for purchase upon request at jurimatic@exlitem.com