Araujo

Araujo v. County of Los Angeles CA2/8

Good Law
Court of Appeal of CaliforniaOctober 11, 2013B236138California1,673 words

Opinion

Opinion

Rubin, J.

FACTS AND PROCEEDINGS

Los Angeles County deputy sheriffs Chad Magdalik and Brian Anderson were on routine patrol at 6:40 a.m. on May 18, 2008, when they received a radio call to check on a woman at the corner of 83rd Street and Alameda. When the deputies arrived at the intersection, they saw appellant Esperanza Araujo yelling and screaming at workers at a nearby business. The deputies got out of their car and approached appellant. As the deputies neared appellant, they saw signs she was intoxicated and decided to investigate her for possible public intoxication. (Pen. Code, § 647, subd. (f).) Based on their observations, they arrested appellant. After her arrest, appellant was taken to the hospital where laboratory test results confirmed the presence of alcohol and marijuana in her system. Appellant thereafter pleaded no contest to violation of Penal Code section 647, subdivision (f) for public intoxication, and was sentenced to time served and 12 months‟ probation. In August 2009, appellant filed a complaint against Los Angeles County and the deputies, claiming the deputies had used excessive force when they arrested her. She alleged causes of action for violation of her civil…

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