Guven Uzun vs. City of Santa Monica, a government entity, et al.

Case Background

On January 17, 2023, Guven Uzen filed a personal injury lawsuit against the Santa Monica Police Officers alleging negligence and excess use of force before the California Superior Court, Los Angeles County. Judge Mark A. Young presided over this case. [Case number: 23SMCV00234]

Cause

Plaintiff Guven Uzun, age 55, faced an incident on June 7, 2019, around 12:23 a.m. Santa Monica Police Department (SMPD) Officer Valenzuela was dispatched to Santa Monica Hospital regarding a report of child abuse at Uzun’s residence. The report alleged that Uzun pulled his daughter’s hair and struck her in the face, but hospital staff observed no visible injuries.

During her deposition, Uzun’s daughter denied these claims. Officer Valenzuela noted no visible injuries and did not consult any physician about Uzun’s daughter or wife. Uzun, a well-respected physician with no prior criminal record, had lived in Santa Monica for 11 years without incidents. His wife could have gone to an urgent care facility, but instead, SMPD Officers Valenzuela, Raleigh, King, and Sergeants Gilmour and Chun arrived at Uzun’s home. The police video showed them waiting outside with Uzun’s wife while his children remained inside, contrary to department policy.

At around 1:00 a.m., Officer Valenzuela contacted Uzun at his doorstep. Uzun explained he had not touched anyone and that his children were arguing over homework. Officer Valenzuela did not interview Uzun’s two sons, who were inside and witnessed the incident.

Despite this, the officers decided to arrest Uzun. Valenzuela falsely reported that Uzun was uncooperative. The officers forced Uzun outside, despite him being partially asleep from medication. Uzun, disoriented and requesting to speak with his lawyer, was handcuffed without warning or informing him of the arrest. Officer King also grabbed Uzun, causing him severe pain due to the tight handcuffs.

Charges against Uzun were eventually dropped after an investigation by DCFS found no evidence of abuse or battery. All charges were dismissed.

Injury

Uzun later experienced significant pain and sought medical attention. Dr. Rosabel Young found severe nerve damage and other injuries, suggesting Uzun might never fully recover.

Due to the excessive and unreasonable force used by the defendant officers, Plaintiff Uzun experienced severe physical pain. In addition to these injuries, Uzun also endured a loss of liberty and emotional trauma. In October 2019, Uzun was admitted to UCLA Hospital for chest pain. This health issue resulted from the severe psychological trauma and stress caused by the defendants’ actions

Damages

As a result of these actions, Plaintiff Uzun experienced intense fear for his life and physical safety. Additionally, the negligence of the Defendant officers and sergeants caused Uzun to endure severe pain and ongoing mental anguish. Uzun was forced to seek medical care from physicians and surgeons. He incurred various significant incidental medical expenses.

Plaintiff requested that the Court enter judgment in his favor and against the Defendants. He sought compensatory (or general) damages, including for pain and suffering. Additionally, Plaintiff requested special damages, along with prejudgment interest. He also sought attorney’s fees and reasonable costs incurred in this lawsuit. Finally, Plaintiff asked for any other relief that the Court may consider just, proper, and appropriate.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Guven Uzun
    • Counsel for Plaintiff(s): Berc Agopoglu | Eunyoung Oh
  • Defendant(s): City of Santa Monica, a government entity | Officer Arsenio Valenzuela | Officer Evan Raleigh | Officer Ryan King | Sergeant Lewis Gilmour | Sergeant Michael Chun | and Does 1 through 50, inclusive.
    • Counsel for Defendant(s): Geoffrey Plowden | Douglas Sloan | Karen S. Duryea | Eugene Ramirez

Claims

The first cause of action was negligence under Cal. Govt. Code§§ 815.2(a), 820(a). The Plaintiff asserted that the Defendant Officers and Sergeants had a duty to exercise due care and follow their department’s guidelines during the arrest. Specifically, the guidelines required officers to double-lock handcuffs on arrestees when feasible to ensure a safe and non-injurious arrest process.

However, the Defendants failed to adhere to these procedures and neglected to approach and detain Plaintiff with proper care. They acted without probable cause or reasonable suspicion of a crime, used excessive and unjustified physical force, and neglected to double-lock Plaintiff’s handcuffs during and after the arrest.

Additionally, they failed to determine that Plaintiff posed no threat and did not provide timely medical aid after injuring him. These negligent actions, including the failure to intervene when other officers violated Plaintiff’s rights, directly caused severe injuries, including a radial nerve injury.

Defense

The Defendants denied allegations of negligence and requested the Court to dismiss the case with prejudice. They asserted affirmative defenses stating that they acted within the scope of discretion, with due care, and in good faith fulfillment of responsibilities pursuant to applicable statutes, rules, and regulations.

Jury Verdict

On March 12, 2024, a twelve-panel California jury deliberated and returned to court with its verdict on special issues submitted to the jury. The jury had to decide whether the Uzun had proved Defendants Arsenio Valenzuela and Ryan King were liable for negligence and the answer was ‘no’ for both Defendants.

On April 09, 2024, Hon. Mark A. Young entered an amended judgment stating that due to the special verdict, the Defendants City of Santa Monica, Arsenio Valenzuela, and Ryan King are entitled to judgment against Plaintiff Guven Uzun.

Court Documents:

Available upon request