$23 Million Judgment Against Deputies Upheld -- L.A. Sheriff's Officers Accused Of Brutalizing Samoan-American Wedding Party

LOS ANGELES - A state appellate court yesterday upheld a $23 million judgment against the Los Angeles County Sheriff's Department for a 1989 incident in which a group of deputies was accused of brutalizing 36 people attending a bridal shower at the home of a Samoan-American family.

A three-judge panel of the 2nd District state Court of Appeals unanimously upheld the 1995 award, reportedly the largest ever against a U.S. law-enforcement agency.

"We are very, very happy and relieved that the appellate court saw it the same way as the judge in the underlying case," said Garo Mardirossian, the lead attorney representing 35 plaintiffs who will share the award. The 36th plaintiff has died since the suit was filed.

Late yesterday, the county counsel's office said it would appeal to the state Supreme Court, pending approval by the County Board of Supervisors.

A civil jury originally awarded the plaintiffs $15.9 million in damages; the judge then tacked on $2.3 million in fees.

The latest figure of $23 million includes the $5 million in interest that has accrued during the appeal. That makes it nearly six times what the city of Los Angeles paid Rodney King to settle his federal lawsuit. For each year the county delays, it must pay 10 percent in interest.

The case stemmed from a melee at a shower for Arthur Dole's daughter, Melinda Dole Paopao, in Cerritos, Calif. Sheriff's deputies, saying they had received a call about party-goers fighting in the street with sticks and knives, responded in force.

Although deputies claimed family members and friends greeted them by hurling rocks and bottles, a neighbor's videotape - which jurors watched repeatedly - failed to validate the allegations.

David Dole, the most seriously injured, claimed his hand was broken and that blows from batons and flashlights damaged his brain.

Jurors, who heard testimony from more than 80 witnesses, ruled that 25 deputies used excessive force and made false arrests when they responded to the incident wearing riot gear.

Other guests allegedly attacked that day included Melinda's sister, professional wrestler Emily "Mount Fiji" Dole and Samoan tribal chief Fea Talamaivao. Orlanda Dole says she was kicked and beaten unconscious. A pregnant woman was beaten, along with two elderly men and several other women, attorneys alleged.

The Sheriff's Department has yet to discipline any of the deputies.

"There was substantial evidence at trial to show that the (deputies) did not arrest the plaintiffs based on particularized information or instructions . . . or based on their own observations showing that individual plaintiffs had committed crimes," a panel of three appellate judges wrote in their decision. "Substantial evidence supported the conclusion that the deputies simply entered the Dole house and arrested everyone in it, without individualized probable cause."

The judges noted: "Of the 36 individuals arrested, only eight were ever charged with crimes; three of those were acquitted, and charges were dismissed as to the others."

County officials yesterday were trying to figure out how to pay the huge award. No decision has been made yet, said Assistant Chief Administrative Officer Sandra Davis.

She said the county could float a "judgment bond" to pay the cost without having to take too much cash out of the operating budget.

"It's not unusual; the city does it often," Davis said. "But we haven't done anything like that in a long, long time."

Such a move would require the supervisors' approval. Davis also said the county could pay out of a trust fund set aside to pay such judgments.

The Sheriff's Department contracts with many smaller cities in Los Angeles County to provide them with law-enforcement services, and the cities pay surcharges into the trust fund to help cover lawsuit damages against the Sheriff's Department.

Sheriff's officials declined to discuss the matter.

"The department hasn't seen the decision yet, except for word of mouth," said Deputy Bill Martin, a department spokesman. "It would be inappropriate to comment."

Several members of the Dole family held a tearful news conference to express their relief and gratitude.

"Thank God it's over with," Emily Dole said. "This goes to show that in the United States of America, justice does prevail."

She added: "Nine years is a long, long time. We can forgive, but we cannot forget."