Couple to get $1 Million After Cop Beating
Seven years ago, Mario Gomez and Jose Quinoy had a violent confrontation and have been trying to reach a settlement since then. A federal jury awarded $1.05 million to Gomez and his ex-wife, who were hurt by detective Quinoy on May 22, 2008. Gomez is also going to receive punitive damages from Quinoy who was acquitted three years ago on federal criminal charges.
Quinoy disagreed with the jury saying that they were swayed by the current environment around law enforcement from the news such as Ferguson and Baltimore.
The incident started because Quinoy called Gomez, who believed that Quinoy- who was married- was having a relationship with Gomez' daughter. Quinoy was trying to deny that allegation and supposedly Gomez threatened to come to the headquarters and beat him up. Gomez said that Quinoy taunted him about not being able to talk about the issue in person.
Gomez showed up, and the confrontation quickly grew violent. Both of the men claimed the other hit first. Gomez did punch Quinoy in the face, but he said once he was handcuffed, Quinoy threw him against a car, then hit and kicked him in the head.
The couple was arrested, but the charges were dismissed. Originally, the lawsuits also included the village and other officers, but their charges were also dismissed.
There was a two week trail in U.S. District Court in White Plains. The jury cleared Quinoy of a false arrest claim, but found him liable for assault, battery, and excessive force against Gomez, and awarded $600,000. Awilda Gomez, Mario Gomez' former wife, was awarded $450,000 because the jury found that Quinoy assaulted her when she went to help her husband.
The village's insurance company will pay the $1.05 million. The jury did not decide on the punitive damages; instead, the two parties came to an undisclosed settlement amount.
Quinoy was charged for violated Gomez' civil rights, and for tampering with a witness, Officer Michael Hayes, who worked with FBI agent, Catherine Pena, and he secretly recorded fellow officers right before Gomez' trial. Before Quinoy's 2010 criminal trial, it was found out that Pena had destroyed evidence of some of the recordings.
Pena called upon the 5th Amendment against self incrimination when summoned to be a defense witness. The judge told the jury what she had done and told them to infer that the erased tape would have probably been favorable to Quinoy.
Quinoy left Sleepy Hallow, where the incident occurred, and began working at the Mount Vernon Police Department. Later he became the police union president there.
Both parties have admitted that they are glad that the trial is over, and they can now continue on with their lives.
Comments from Allen:
So many issues, so little time.
When you file a suit under a federal civil rights law, like 42 U.S.C. 1983, you cannot sue the "deep pocket," the county, because the federal government can't make laws that allow people to sue states. You can only sue the individual cop who caused the problem. While the cop will not have assets anywhere near the ability to settle this kind of case, all counties have insurance companies which insure these cops for $500,000 to $1,000,000 should they violate someone's federal civil rights. Therefore, there is normally a means to satisfy a "police brutality" lawsuit, or to pay a judgment after trial. The assets of the cop were not in jeopardy here, so he is not inconvenienced by the court award of over $1,000,000 to the victims.
This is a very, very high award for this type of case. The plaintiffs in this case had much more to work with than in a typical case. They had an arrogant cop, a brutal cop, an immoral cop, and a station-wide conspiracy to lie and cover-up material evidence for the benefit of this bad cop. Under these facts, juries will look for a way to express their outrage within the verdict they render, and the court will have the ability to allow the jury to consider an award of punitive damages, which may be, normally, 3-10 times the actual verdict.
Sources for more information:
http://www.lohud.com/story/news/local/2015/06/12/couple-awarded-million-sleepy-hollow-detective-assault/71150674/
http://www.usatoday.com/story/news/nation/2015/06/14/couple-to-get-1m-in-cop-beating/71233698/
http://www.washingtontimes.com/news/2015/jun/15/jury-awards-man-ex-wife-over-1-million-in-suit-aga/
Quinoy disagreed with the jury saying that they were swayed by the current environment around law enforcement from the news such as Ferguson and Baltimore.
The incident started because Quinoy called Gomez, who believed that Quinoy- who was married- was having a relationship with Gomez' daughter. Quinoy was trying to deny that allegation and supposedly Gomez threatened to come to the headquarters and beat him up. Gomez said that Quinoy taunted him about not being able to talk about the issue in person.
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| Gomez Photo Source: Joe Larese/The Journal News |
The couple was arrested, but the charges were dismissed. Originally, the lawsuits also included the village and other officers, but their charges were also dismissed.
There was a two week trail in U.S. District Court in White Plains. The jury cleared Quinoy of a false arrest claim, but found him liable for assault, battery, and excessive force against Gomez, and awarded $600,000. Awilda Gomez, Mario Gomez' former wife, was awarded $450,000 because the jury found that Quinoy assaulted her when she went to help her husband.
The village's insurance company will pay the $1.05 million. The jury did not decide on the punitive damages; instead, the two parties came to an undisclosed settlement amount.
Quinoy was charged for violated Gomez' civil rights, and for tampering with a witness, Officer Michael Hayes, who worked with FBI agent, Catherine Pena, and he secretly recorded fellow officers right before Gomez' trial. Before Quinoy's 2010 criminal trial, it was found out that Pena had destroyed evidence of some of the recordings.
Pena called upon the 5th Amendment against self incrimination when summoned to be a defense witness. The judge told the jury what she had done and told them to infer that the erased tape would have probably been favorable to Quinoy.
Quinoy left Sleepy Hallow, where the incident occurred, and began working at the Mount Vernon Police Department. Later he became the police union president there.
Both parties have admitted that they are glad that the trial is over, and they can now continue on with their lives.
Comments from Allen:
So many issues, so little time.
When you file a suit under a federal civil rights law, like 42 U.S.C. 1983, you cannot sue the "deep pocket," the county, because the federal government can't make laws that allow people to sue states. You can only sue the individual cop who caused the problem. While the cop will not have assets anywhere near the ability to settle this kind of case, all counties have insurance companies which insure these cops for $500,000 to $1,000,000 should they violate someone's federal civil rights. Therefore, there is normally a means to satisfy a "police brutality" lawsuit, or to pay a judgment after trial. The assets of the cop were not in jeopardy here, so he is not inconvenienced by the court award of over $1,000,000 to the victims.
This is a very, very high award for this type of case. The plaintiffs in this case had much more to work with than in a typical case. They had an arrogant cop, a brutal cop, an immoral cop, and a station-wide conspiracy to lie and cover-up material evidence for the benefit of this bad cop. Under these facts, juries will look for a way to express their outrage within the verdict they render, and the court will have the ability to allow the jury to consider an award of punitive damages, which may be, normally, 3-10 times the actual verdict.
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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen work with cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.
Also, check out browninglaw.net for more information about Allen and Browning Law.
Allen Browning can help with all personal injury claims including motor vehicle accidents, serious and disabling accidents, and wrongful death claims. Allen Browning is an attorney who can also help with drunk driving (DUI) , Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.
Attorney Allen Browning can help with all personal injury claims including motor vehicle accidents, serious and disabling accidents, and wrongful death claims.
Sources for more information:
http://www.lohud.com/story/news/local/2015/06/12/couple-awarded-million-sleepy-hollow-detective-assault/71150674/
http://www.usatoday.com/story/news/nation/2015/06/14/couple-to-get-1m-in-cop-beating/71233698/
http://www.washingtontimes.com/news/2015/jun/15/jury-awards-man-ex-wife-over-1-million-in-suit-aga/
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