$727,500 Settlement for California Woman Against County Law Enforcement

Orange County, California resident Nancy Butano has settled her federal suit against the county, county police officers and other county workers for $727,500. In her suit, Butano alleged claims such as false arrest, assault, and violations of her First and Fourth Amendment rights against defendants Orange County, Orange County Sheriff’s Department (OCSD) Officers Charles Stumph, Cory Martino and Alexandra Flores, Orange County Social Services Agency, Children and Family Services worker Loan English, Orange County Health Care Agency, Animal Care Services worker Kyle Werner, and ten unidentified county workers. Butano settled on November 12, 2013.

Butano was at home on the afternoon of February 10, 2010, with her two eighteen-month old children when Officers Stumph, Martino and unidentified individuals, including OCSD officials and/or social workers and/or other county workers, allegedly entered Butano’s home without a warrant, without permission and without identifying themselves. Butano was on the phone and Stumph and Martino ordered her to get off the phone. Stumph then allegedly began battering Butano, twisting her arms behind her back. When Butano asked why Stumph and Martino were in the house and told Stumph to let her go because she had done nothing wrong, an officer told her to “shut up” and stated that “we are the Orange County Sheriffs and we are conducting a criminal investigation.” (According to Butano, the unidentified individuals in some way contributed to violating her rights.)

Despite Butano’s constant pleas for Stumph to stop and her notifying the officers that her children were sleeping in the living room, Stumph forced Butano outside with her hands pushed behind her back, allegedly slamming her face against her outdoor sauna. Stumph then allegedly kicked Butano’s feet from under her, drove his knees and weight into her back, tightly handcuffed her and began slamming her face into the concrete leaving her face bloody and swollen. Stumph said she was going to jail for resisting arrest.

Stumph allegedly stopped battering her at a signal from Martino, but Stumph yelled at Butano to stand up, slammed her back and arms against the sauna, and began to frisk her. Stumph next allegedly shoved her back into the house, past her now awake and crying children and then through the front door where he told Officer Flores to put Butano in the patrol car.

Approximately thirty minutes later, Martino informed Butano that a neighbor had called police concerning Butano’s boyfriend, Paul Luddy, who had threatened a gardener outside the home, which Butano knew nothing about. About ten minutes later, after Stumph and Martino had gone back into the house, they came out carrying a gardening tool.

Approximately two hours later, Orange County Social Services Agency (OCSS) worker English allegedly interviews Butano in the car and informs her that a friend or family member could pick up her children at the Orangewood Children’s Home within 48 hours, where the children were being taken. Butano and Luddy were then transported to the Orange County Jail. Butano was subsequently taken to the hospital to have abrasions and an open gash on her eyebrow treated before being taken back to the jail. Around this time, Orange County Health Care Agency (OCHC) worker Werner allegedly impounded Butano’s Labrador and two geckos. The geckos were later put to sleep.

Butano and Luddy were apparently released from jail on or about February 12, 2010, with no charges filed against Butano. Butano regained custody of their children prior to April 23, 2010, but she had to attend a court-ordered program and receive monthly visits from a social worker through October 2010, due in part to a report filed by English making false claims. Luddy, who was the children’s father and had been sharing the home with Butano, was forced to move out temporarily.

Butano, on behalf of herself and her children, filed suit in the U.S. District Court for the Central District of California on September 22, 2011, claiming state and federal violations against the defendants. As to her federal claims, Butano alleged that several or all of the defendants violated her (1) Fourth Amendment right by using excessive force, by unreasonable seizure of Butano and her children and by unreasonable search and seizure of Butano’s residence and pets, (2) her First Amendment rights by retaliating against her use of free speech because she had protested the defendants’ conduct and (3) her Fourteenth Amendment right to her parent-child relationship.

Butano’s state claims included false arrest or false imprisonment, assault, battery, intentional and negligent infliction of emotional distress, negligence and trespass, among others. As a result of these claims, Butano alleged that she or her children (1) suffered physical, mental and emotional injury, (2) incurred psychological and medical costs, (3) lost use and possession of property and (3) incurred other damages and expenses. Butano sought over 15 million in compensatory damages, over 10 million in punitive damages and an unspecified amount in attorney’s fees.

Butano settled with defendants Orange County, Stumph and Martino, instead, with no parties admitting liability. The cash settlement did not include any specific medical or legal fees.

Nancy Butano and her children were represented by Jerry L. Steering of the Law Office of Jerry L. Steering and Alexander J. Perez of the Law Offices of Alexander J. Perez. See: Butano v. County of Orange, U.S.D.C. (C.D. Cal.) Case no. 8:11-cv-00691-CJC-ML6.

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