Lawsuits Cloud Budget Picture in Torrance

The first-quarter budget review that finds the city of Torrance on a strong financial footing also expresses concern about the potential cost to the city of recent lawsuits against the Police Department.

The report, released last week, does not mention specific suits, but Mayor Katy Geissert confirmed that the city is primarily concerned about several recent suits alleging brutality by members of the Police Department.

“There is a potential on some of these police-related suits . . . , depending on how it goes, for some large liability,” she said. The city also is concerned about potential liability from a $10-million suit filed last year by a homeowner whose house was razed by the city to stabilize a landslide near Via Corona and Vista Largo.

Officials would give no estimate on what the suits might cost. But they said that even if the city wins, its defense costs will be high in what they expect to be drawn-out court battles. The city has no liability insurance but maintains a fund to pay such expenses, as well as any fines or punitive damages it might be assessed.

‘It Could Be a Lot’

“It’s really hard to tell how much,” the city may have to pay for its expenses and possible fines, said Kathy Keane, an assistant to the city manager. “It could be a lot of money.” She added that some of the cases could keep the city tied up in court for up to five years.

In describing the potential impact on city finances, the budget report said: “The city is being sued for several million dollars for alleged incidents by city staff. The resolution of the litigation will be lengthy and the fiscal impact difficult to assess.”

So far this year, the Police Department has been served with nine lawsuits alleging police brutality, city officials said. Three of the suits ask for a total of $13.75 million in damages. Five others specify no dollar amount, and one was settled in September for $3,000.

Officials in the city attorney’s office said the strength of the suits and the amounts they seek are greater than confronted in previous years.

Heightened Concern

Finance Director Mary Giordano, who submitted the report to the council, said that the media attention to some of the incidents has increased the concern among city officials. “Certainly when there are big headline stories we are more concerned,” she said. There is more concern “when you think there can be a large settlement.”

One of the incidents that received widespread media attention involves alleged brutality by Officers James Lynch and Ross Bartlett. They were videotaped choking and beating a 20-year-old man, apparently into unconsciousness. The videotape, made by a guest at a party that sparked the incident in May, was broadcast on local and network news programs.

The man, Thomas Tice, and five friends filed a $3-million suit in U.S. District Court in September, claiming they were beaten by the officers without provocation, first at a noisy party where they were arrested and later at the Torrance jail.

City Atty. Kenneth Nelson said he is concerned about the fiscal impact of legal fees because he expects some of the cases will be in court for several years. He is especially concerned about that in connection with the videotaped incident, he said.

“It would be easier to defend without the tape,” he said.

$7.3-Million Fund

The city has a general liability and workers compensation fund of $7.3 million, Keane said. Attorney’s fees, other court costs and any damages or settlements are paid from this fund, Keane said.

On the recommendation of a claims adjuster hired by the city, the city periodically adds to the reserve when it becomes involved in a substantial suit, Keane said. In July, the city added $225,000 to the fund, which Keane said does not indicate that the city expects to lose any of the current lawsuits.

In the suit involving the 1986 landslide on city-owned land, Fred Smith, a retired mortician, sued the city in December, 1987, alleging that the city unnecessarily condemned and demolished his home so workers could stabilize the slope and prevent further slides. The slide had destroyed two homes, and the city feared it would threaten others in the neighborhood.

Smith claims in the suit that the slide had stabilized and that the city could have protected the other homes without destroying his 4,000-square-foot house.

The city is expected to spend at least $5.2 million on repairs of the landslide, with the project to be completed in January. Money to pay for the expensive public works project came from a variety of special city funds, including the parks and recreation allotment.

The quarterly report, for July through September, showed that the city has $1.9 million carried over from the previous quarter. City officials said they favor using that extra money to replenish the exhausted parks and recreation fund and to finance various capital improvements around the civic center.