Officer’s Suspension Reduced To A Written Reprimand

 By: Saku E. Ethir
Lackie & Dammeier LLP

             Los Angeles County Police Officer, Reynaldo Chavez, a twenty-seven year veteran of the Department, had imposed against him, by his Department, a fifteen (15) day suspension without pay as a result of an August 28, 2003, incident and subsequent internal affairs investigation.  That investigation of Chavez resulted in sustained charges of use of unreasonable force, and a failure to report a use of force pursuant to Department policy.

            Chavez was assigned to the Department’s Health Services Bureau, more specifically, Olive View Medical Center.  At the time of the incident, the Department was in the process of attempting to obtain final approval of a policy precluding officers from using force on a patient, in the absence of an emergency, where the safety of the hospital staff, or other patients, are in jeopardy from the actions of a physically assaultive patient.  Accordingly, were this policy approved, the responsibility to physically manage a patient, absent criminal behavior or imminent danger to others, would fall on authorized hospital staff, not officers.  This policy however had not been approved or adopted by the Department at the time of the incident involving Chavez.

            On August 28, 2003, Chavez, on duty, responded to a call for help by hospital nursing staff regarding a female psychiatric patient.  Chavez immediately recognized the subject as a violent patient he had dealt with many times in the past.  Witnesses (both hospital staff and officers) interviewed stated that the subject in question was known to scratch, spit at, and kick officers, and hospital staff, when contacted.  As Chavez approached the subject from behind she was in a fighting stance, with her fists clenched, confronting hospital staff.  As often times happens, hospital staff asked for assistance, and looked to Chavez to control the subject. 

            Chavez approached the subject and placed his hands under the subject’s armpits.  Almost simultaneously, the subject went limp and dropped to the floor.  Despite Chavez’ attempt to break the subject’s fall, she landed on the floor and bumped her head (witnessed by several hospital staff and a witness officer).  The on duty Sergeant stated that she had witnessed the subject, on other prior occasions, go limp intentionally in a similar manner.  Chavez, with the assistance of hospital staff, was able to return the subject to her room.

            Nursing staff, when interviewed during the course of the investigation, stated that Chavez clearly responded to a request for help, that there was no use of force by Chavez during the incident, that the actions of Chavez were required because the patient was out of control, and that Chavez’ involvement was necessary.  The witness officer also stated when interviewed that there was no use of force by Chavez.  Lastly, Chavez himself stated when interrogated, that he did not believe he had used force during this incident, under the Department’s existing policy; and as such, there was no force to report.  Despite all of these statements supporting Chavez’ actions and contradicting the charges against Chavez, Chief Margaret York elected to sustain the allegations against Chavez, and to suspend him without pay for fifteen (15) days.    

            Officer Chavez requested a post-suspension evidentiary hearing before the Los Angeles County Civil Service Commission, which was scheduled to begin on May 19, 2005 before a neutral hearing officer.  With the hearing date fast approaching, extensive settlement discussions ensued up to the first day of hearing, and resulted in the elimination of the fifteen (15) day suspension from Chavez’ record, and the reimbursement of his pay.  Chavez was represented throughout this process by the author of this article.  Chavez would like to thank LACPOA and LDF for their support.

About the author, Saku E. Ethir is an associate with the law firm of Lackie & Dammeier LLP whose firm represents Police Associations throughout California in disciplinary and labor  matters.