Cops’ ‘garden variety’ emotional distress yields $12.5 million

Trial lawyers are usually successful in convincing juries that, absent any expert medical testimony, a generalized emotional distress damages claim isn’t worth much. Indeed, legal doctrine generally precludes payment for transitory emotional distress of the kind that would accompany any termination—sleepless nights, worry about finances, loss of self-esteem, and the like. But what happens when a jury ignores that rule and awards $12.5 million in generalized emotional distress damages? Should the trial judge overturn the huge award? Will the appeals court let the trial judge do so? 

‘Something guys would do, not females’ 

On January 26, 2017, Los Angeles Police Department (LAPD) Officer Alfred Garcia and his partner Camille Spitaleri arrested Raul C. for driving under the influence after he struck a child with his car. LAPD Officer Stephen Glick and his partner Amanda Orefice responded to the scene and transported Raul to the police station. Glick, Garcia, and Orefice escorted Raul into the station and secured him in a holding cell. Glick and Orefice then resumed their patrol duties. Garcia and Spitaleri remained at the station, where they worked on their arrest report and conducted periodic welfare checks on Raul.