TUSTIN : Award Won in Suit Against 5 Deputies

A Tustin man who sued the county and five members of the Sheriff’s Department, claiming the use of excessive force in an attempt to break up a loud party, has been awarded $10,000 in damages plus attorney fees, his attorney said.

Retired Los Angeles Superior Court Judge Vernon G. Foster handed down the award to Joseph Aaron, 26, on Nov. 12 as a result of binding arbitration, said Dan O’Sullivan, a Century City lawyer representing Aaron. A binding arbitration agreement cannot be appealed.

Foster dismissed a number of other claims filed by Aaron against the county and deputies.

Aaron, a student at Cal State Fullerton, and his two brothers, John, 28, and Robert, 24, initially filed a claim against the county and the officers in 1987 after a dispute with deputies at the family’s North Tustin home.

Neighbors had called police complaining of excessive noise during a birthday party for Joseph Aaron, then 21.

In breaking up the party the officers became involved in a physical altercation with the brothers, O’Sullivan said.

All three brothers were struck, O’Sullivan said, and Joseph Aaron was hit in the leg and face and his shirt was torn.

Attorneys for the county maintained that no unreasonable force was used against the brothers and that Joseph Aaron resisted arrest.

After the incident, the state filed a number of charges against the brothers, including assault and battery against police officers and drunkenness in public. After a two-week trial in August, 1989, all three brothers were found not guilty on all counts.

After completing the criminal trial, Joseph, John and Robert Aaron pursued their claim in a civil lawsuit against the county and the five deputies involved.

They filed a number of allegations, including excessive use of force, malicious prosecution and wrongful arrest, O’Sullivan said.

Only Joseph Aaron prevailed in his claim of excessive use of force, a civil rights violation under federal law, O’Sullivan said.

Attorneys for the county said the award was not justified.

“The fact that all of the other claims made were denied shows the unfounded nature of the majority of the claims,” said Al Ballog, an attorney representing the county and the officers, who noted that the judge said the officers used “unreasonable” force. Ballog said his clients will be asking for attorney fees because the county and the officers prevailed in most of the claims.

Joseph Aaron could not be reached for comment, but his brother John said that despite the award, none of the brothers feels vindicated.

“It’s not OK when someone comes and beats you up, walks away from it and charges you with criminal charges,” he said. “All of the officers should have had something coming to them.”

John Aaron said his family spent more than $16,000 on investigators’ and attorneys’ fees in the criminal trial. He said he believes he and his brothers were initially charged to cover up the officers’ misdeeds.

“We didn’t sue for the money. We just wanted to let people know this doesn’t happen only to certain types of people in certain areas--it happens to everyone.”