Trial Magazine
Verdicts & Settlements: Civil Rights
Improper detention, search
October 2023Aasylei Loggervale and her two teenaged daughters were lawfully parked in a handicapped-accessible parking spot at a shopping center. Alameda County deputies Steven Holland and Monica Pope approached the vehicle and asked to see Loggervale’s identification, explaining that there had been recent automobile burglaries at that location. Loggervale declined to provide her identification and asked what crime she had allegedly committed. Holland refused to answer and advised the three women that they were being detained.
Holland called for backup and ordered that Loggervale and her daughters be handcuffed and placed in a patrol car. The deputies then searched Loggervale’s vehicle. Approximately 90 minutes later, the three were freed from their handcuffs and released. They suffered emotional distress as a result of the incident.
Loggervale and her daughters sued Holland, Pope, and the county, alleging violation of their Fourth and Fourteenth Amendment rights.
The jury awarded $8.25 million, finding that the deputies violated the plaintiffs’ rights and that the county was liable for ratifying the deputies’ unconstitutional actions. The defendants have appealed.
Citation: Loggervale v. Cnty. of Alameda, No. 3:20-cv-04679-WHA (N.D. Cal. Mar. 1, 2023).
Plaintiff counsel: AAJ member Craig M. Peters and Joseph S. May, both of San Francisco; and AAJ member Brian Gearinger, Santa Rosa, Calif.