Turner v. Elliott

SHINN, P. J.

Sidney N. Elliott and Frank Riga, Jr., appeal from judgments on verdicts which awarded plaintiffs damages for false imprisonment, namely, to Bob L. Butcher $1,000, to George Moore $1,000, and to Morley B. Turner $1,200. Two grounds of appeal are urged by appellants, namely, that the evidence was insufficient to prove that either of the appellants was responsible for the arrests of plaintiffs, and that the amounts of the verdicts were excessive.

There was evidence which the jury could reasonably have deemed sufficient to establish the following facts: On January 21, 1947, at about 7 o’clock p. m., two men committed a robbery in the liquor store of the defendants. At the point of guns they took from defendant Elliott, who was alone in the store, liquor of the value of about $97. The three plaintiffs, who were all 21 years of age at the time of trial, were residents of Long Beach; during the evening they had attended a meeting of an ex-servicemen’s club and had been in the company of numerous friends until about 10 o’clock p. m., when they went to a bowling alley where Turner expected to meet someone to discuss a matter of business. Defendant Elliott also was at the bowling alley, observed Butcher and Moore for a time and then spoke with one Murphy, pointing out Butcher and Moore, stating they looked like the men who committed the robbery. At Elliott’s suggestion Murphy called the police who arrived in six police cars, armed with revolvers and sawed-off shotguns. Elliott met the officers, conversed with them, and pointed out Butcher and Moore by walking to where they were sitting and standing directly behind them, saying: “ These are the boys” or “these are the men.” The two plaintiffs were ordered to stand up and raise their hands; their clothing was searched and they were handcuffed with their hands behind their backs. As they were being taken to the police cars plaintiff Turner approached the officers and stated that he knew Butcher and Moore and had been with them during the evening, whereupon Elliott directed the officers to take Turner along, saying : “He may be one of them.’’ Turner was then handcuffed

[903]

in like manner and the three plaintiffs were shoved into the police cars. In the meantime, a crowd of some 200 persons had gathered, and when someone asked what the arrest was for one of the officers replied that they were a couple of robbers who had just stuck up a place. Butcher then asked one of the officers: “What in the world we done anyhow, what’s it all about ? ’ ’ and the officer told him to shut his g-d-mouth or he would shut it for him. Newspaper photographers were in the crowd in front of the bowling alley and took flashlight pictures of the boys as they were led to the cars by the officers. Elliott accompanied them to the police station where the boys were questioned. One of the officers stated in the presence of Elliott that he (Elliott) was positive in his identification of Butcher and Moore and Elliott remained silent. The police detained the boys in separate rooms until about 1:30 o’clock a. m., when they were released. Other newspaper photographers were allowed to take their pictures. When one of the boys hung his head to avoid being photographed, one of the officers threatened to hit him in the mouth unless he straightened his head up, and the boy complied. During the interrogation the boys gave the officers the names of 10 or 15 of their friends with whom they had spent the evening. The officers telephoned the homes of these young people, many of whom had gone to bed, and questioned them until they became satisfied that the boys had had nothing to do with the robbery. The affair caused a great deal of comment among the friends and acquaintances of the boys and their families, and they were besieged with inquiries as to the occasion for their arrest. There was ample evidence to prove that they were frightened and humiliated by the sawed-off shotguns which were leveled at them, by the accusations of the officers, the presence of the curious crowd and the activities of the newspaper photographers. They were also greatly embarrassed by the notoriety into which they had been thrust.