Jim March
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$4.5 million verdict in CHP suit
Complaint by Ramona man prompted years of malicious ticketing
By Anne Krueger
STAFF WRITER
April 27, 2004
DAN TREVAN / Union-Tribune
Steve Grassilli met with jurors after yesterday's verdict in El Cajon.
EL CAJON – A Ramona man maliciously ticketed over five years by California Highway Patrol officers has been awarded $4.5 million by a Superior Court jury.
Attorneys for Steve Grassilli, 44, said he was targeted by the officers after he lodged a complaint against one of them.
After yesterday's verdict, several jurors said they hoped the millions of dollars in punitive damages would send a message to the CHP. The CHP was not named as a defendant in the case, but the agency typically pays monetary awards when its officers are sued, said Greg Garrison, one of Grassilli's attorneys.
"We caught them in so many lies. I hope this shakes up the CHP like you can't believe," said juror Saudra Swanson of El Cajon. "I was totally insulted by it all."
Grassilli's attorneys, Garrison and Michael Strain, said the six-week trial revealed a pattern in which CHP officers were told to lie in court to protect their fellow officers. Two officers refused to lie, and their version of events supported Grassilli's case, his lawyers said.
Grassilli filed a complaint in March 1997 after hearing that a CHP officer had removed the catalytic converter from a pickup truck the officer owned, Garrison and Strain said.
After that, the officer, Richard Eric Barr, began ticketing Grassilli and a supplier who worked with him. Barr and Grassilli had never had any contact before Grassilli filed the complaint.
The ticketing was so frequent that Grassilli's supplier stopped working with him, ruining Grassilli's business installing 10,000-gallon water tanks for new homes.
Grassilli was stopped 13 times over five years for smog violations, having an obstructed view in his vehicle, or improperly hauling the water tanks, he said. The CHP is responsible for traffic enforcement in the unincorporated areas of the county.
Garrison said that instead of giving Grassilli a courtesy notice about an improperly registered vehicle, Barr's supervisor, Michael Toth, told officers to hold off on ticketing Grassilli for six months. Then they impounded Grassilli's truck.
"They had the right and discretion to do what they did," Garrison said. "The question is, why did they do it?"
Garrison said Barr and Toth targeted Grassilli because of the complaint involving Barr's pickup.
Deputy Attorney General David Taglienti, representing the CHP officers, said he could not comment on the case. Barr and Toth also declined to comment.
Grassilli complained about Barr's pickup after he heard one of his friends say Barr had hired him to remove the catalytic converter. Barr frequently used the truck to tow a boat for weekend excursions and removing the catalytic converter gave the vehicle more power.
The friend told Grassilli that Barr was dismissive about having the catalytic converter removed, which is illegal, Garrison said.
" 'Eric said he's got a badge, he can do whatever he wants to do,' " Garrison quoted Grassilli's friend as saying.
Grassilli filed a complaint with the CHP about Barr, and Toth told Grassilli the catalytic converter had not been removed. Prosecutors then filed two misdemeanor charges against Grassilli, accusing him of making a false complaint. A Superior Court judge took the rare move of dismissing the charges after prosecutors presented their case.
Initially, he wasn't interested in being awarded money when the case began, Grassilli said. That changed as it dragged through the court system.
"Now I want whatever I can get because I've been through seven years of gut wrenching," he said.
Yesterday, the jury, by a 9-3 vote, found Grassilli was entitled to $3 million in punitive damages from Barr. The jury also determined Toth, a CHP sergeant who retired four years ago, was liable for just more than $1 million in punitive damages.
Last week, the jury awarded Grassilli $510,000 in compensatory damages after finding his civil rights were violated by Barr, Toth and CHP Sgt. Stephan Neumann. The jurors found Barr and Toth acted maliciously, prompting the punitive damage phase of the trial against the two.
After the verdict, jurors met in the hallway of the El Cajon courthouse with Grassilli and expressed outrage at what they said were numerous lies by several CHP officers who testified.
"I saw one person up there who was honest," said juror Austin Willett of El Cajon, referring to Grassilli. "I saw others within an organization that we give power to enforce our laws caught in lies."
In closing arguments yesterday, Deputy Attorney General Taglienti urged jurors to award less than $50,000 in punitive damages, saying the officers already had been punished enough.
"These two individuals are not responsible for reforming the California Highway Patrol," Taglienti said.
In a statement from Sacramento, CHP Commissioner D.O. "Spike" Helmick said, "I am extremely disappointed and amazed at this decision. I disagree entirely with it. We will look at every way humanly possible to appeal it."
Garrison also said Barr remains on active duty in Ramona. Neumann's status is unknown.
This is the second time Grassilli's case against the CHP officers has been presented to a jury. He lost his first civil trial, but the case was reversed on appeal when judges ruled that evidence was withheld improperly from jurors.
What helped his case this time, Garrison said, was when two CHP officers, Craig Thetford and Michael Clauser, testified that they felt pressured by CHP officials to lie under oath.
Thetford said he was told to target Grassilli for ticketing, and Clauser testified that Grassilli was properly hauling the water tanks, contrary to Barr's assertions.
"They told these guys, 'You will change your testimony for the department,' " Garrison said.
As he waited for the verdict yesterday, Grassilli said he remains confident most law enforcement officers are honest. He said he is still baffled his problems with Barr escalated so far.
"When this started, it was just a slap on his hand," Grassilli said. "I never thought it would get as bad as it is."
In another notable civil suit against the CHP, the agency agreed in 1996 to pay $2.7 million to the family of Cara Knott, a San Diego college student who was murdered in 1986 by CHP Officer Craig Peyer.
A jury had awarded $7.5 million to the Knott family, but the CHP appealed. The Knotts said they agreed to the settlement to end the civil case.
Staff writer Brian Hazle contributed to this report.
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Anne Krueger: (619) 593-4962; [email protected]
Complaint by Ramona man prompted years of malicious ticketing
By Anne Krueger
STAFF WRITER
April 27, 2004
DAN TREVAN / Union-Tribune
Steve Grassilli met with jurors after yesterday's verdict in El Cajon.
EL CAJON – A Ramona man maliciously ticketed over five years by California Highway Patrol officers has been awarded $4.5 million by a Superior Court jury.
Attorneys for Steve Grassilli, 44, said he was targeted by the officers after he lodged a complaint against one of them.
After yesterday's verdict, several jurors said they hoped the millions of dollars in punitive damages would send a message to the CHP. The CHP was not named as a defendant in the case, but the agency typically pays monetary awards when its officers are sued, said Greg Garrison, one of Grassilli's attorneys.
"We caught them in so many lies. I hope this shakes up the CHP like you can't believe," said juror Saudra Swanson of El Cajon. "I was totally insulted by it all."
Grassilli's attorneys, Garrison and Michael Strain, said the six-week trial revealed a pattern in which CHP officers were told to lie in court to protect their fellow officers. Two officers refused to lie, and their version of events supported Grassilli's case, his lawyers said.
Grassilli filed a complaint in March 1997 after hearing that a CHP officer had removed the catalytic converter from a pickup truck the officer owned, Garrison and Strain said.
After that, the officer, Richard Eric Barr, began ticketing Grassilli and a supplier who worked with him. Barr and Grassilli had never had any contact before Grassilli filed the complaint.
The ticketing was so frequent that Grassilli's supplier stopped working with him, ruining Grassilli's business installing 10,000-gallon water tanks for new homes.
Grassilli was stopped 13 times over five years for smog violations, having an obstructed view in his vehicle, or improperly hauling the water tanks, he said. The CHP is responsible for traffic enforcement in the unincorporated areas of the county.
Garrison said that instead of giving Grassilli a courtesy notice about an improperly registered vehicle, Barr's supervisor, Michael Toth, told officers to hold off on ticketing Grassilli for six months. Then they impounded Grassilli's truck.
"They had the right and discretion to do what they did," Garrison said. "The question is, why did they do it?"
Garrison said Barr and Toth targeted Grassilli because of the complaint involving Barr's pickup.
Deputy Attorney General David Taglienti, representing the CHP officers, said he could not comment on the case. Barr and Toth also declined to comment.
Grassilli complained about Barr's pickup after he heard one of his friends say Barr had hired him to remove the catalytic converter. Barr frequently used the truck to tow a boat for weekend excursions and removing the catalytic converter gave the vehicle more power.
The friend told Grassilli that Barr was dismissive about having the catalytic converter removed, which is illegal, Garrison said.
" 'Eric said he's got a badge, he can do whatever he wants to do,' " Garrison quoted Grassilli's friend as saying.
Grassilli filed a complaint with the CHP about Barr, and Toth told Grassilli the catalytic converter had not been removed. Prosecutors then filed two misdemeanor charges against Grassilli, accusing him of making a false complaint. A Superior Court judge took the rare move of dismissing the charges after prosecutors presented their case.
Initially, he wasn't interested in being awarded money when the case began, Grassilli said. That changed as it dragged through the court system.
"Now I want whatever I can get because I've been through seven years of gut wrenching," he said.
Yesterday, the jury, by a 9-3 vote, found Grassilli was entitled to $3 million in punitive damages from Barr. The jury also determined Toth, a CHP sergeant who retired four years ago, was liable for just more than $1 million in punitive damages.
Last week, the jury awarded Grassilli $510,000 in compensatory damages after finding his civil rights were violated by Barr, Toth and CHP Sgt. Stephan Neumann. The jurors found Barr and Toth acted maliciously, prompting the punitive damage phase of the trial against the two.
After the verdict, jurors met in the hallway of the El Cajon courthouse with Grassilli and expressed outrage at what they said were numerous lies by several CHP officers who testified.
"I saw one person up there who was honest," said juror Austin Willett of El Cajon, referring to Grassilli. "I saw others within an organization that we give power to enforce our laws caught in lies."
In closing arguments yesterday, Deputy Attorney General Taglienti urged jurors to award less than $50,000 in punitive damages, saying the officers already had been punished enough.
"These two individuals are not responsible for reforming the California Highway Patrol," Taglienti said.
In a statement from Sacramento, CHP Commissioner D.O. "Spike" Helmick said, "I am extremely disappointed and amazed at this decision. I disagree entirely with it. We will look at every way humanly possible to appeal it."
Garrison also said Barr remains on active duty in Ramona. Neumann's status is unknown.
This is the second time Grassilli's case against the CHP officers has been presented to a jury. He lost his first civil trial, but the case was reversed on appeal when judges ruled that evidence was withheld improperly from jurors.
What helped his case this time, Garrison said, was when two CHP officers, Craig Thetford and Michael Clauser, testified that they felt pressured by CHP officials to lie under oath.
Thetford said he was told to target Grassilli for ticketing, and Clauser testified that Grassilli was properly hauling the water tanks, contrary to Barr's assertions.
"They told these guys, 'You will change your testimony for the department,' " Garrison said.
As he waited for the verdict yesterday, Grassilli said he remains confident most law enforcement officers are honest. He said he is still baffled his problems with Barr escalated so far.
"When this started, it was just a slap on his hand," Grassilli said. "I never thought it would get as bad as it is."
In another notable civil suit against the CHP, the agency agreed in 1996 to pay $2.7 million to the family of Cara Knott, a San Diego college student who was murdered in 1986 by CHP Officer Craig Peyer.
A jury had awarded $7.5 million to the Knott family, but the CHP appealed. The Knotts said they agreed to the settlement to end the civil case.
Staff writer Brian Hazle contributed to this report.
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Anne Krueger: (619) 593-4962; [email protected]
