Jury ponders Palmdale man's lawsuit alleging beating by Los Angeles County deputies, racial slurs

A former Palmdale apartment manager allegedly punched, kicked and pepper-sprayed without provocation by three deputies is entitled to a seven-figure judgment from the county, an attorney said today before the case went to a jury.

Lawyer Bradley Gage, addressing a Los Angeles Superior Court panel hearing final arguments in Noel Bender's civil lawsuit, said that in addition to being roughed up, his client was called a "n-word lover" by at least one of the deputies, Scott Sorrow.

"This is not the kind of stuff in a civilized society that we can expect or tolerate," Gage said. "This outrageous conduct by these deputies is worth millions of dollars."

Defense attorney Harold Becks countered that the 30-year-old plaintiff is someone who, under the "pretense of piety," has falsely portrayed himself as a victim rather than someone who resisted deputies conducting a legitimate investigation at a "chaotic and troubled apartment" complex.

Sorrow had already responded to a previous call at the complex and deputies went there a total of three times that day, answering complaints that tenants were playing loud music, using drugs and drinking alcohol to excess, Becks said.

"When a person will lie to you about one thing, they will lie to you about everything," Becks said. "I ask that you send him home with an award of nothing."

Bender filed his suit last July 2, alleging battery, intentional infliction of emotional distress, false imprisonment and civil rights violations. He named the county and three deputies – Sorrow, Ray Hicks and Omar Chavez – alleging they used excessive force at the apartment complex he manages at 933 E. Avenue Q4 after he offered to clean up glass from a bottle broken by one of his tenants.

Bender, who is white, also maintains deputies had been harassing his tenants since one of their fellow deputies was shot in the shoulder outside the complexon July 12, 2009. The shooter was later arrested and did not live at the complex, according to the lawsuit.

Bender alleges Hicks, Sorrow and Chavez all took part in beating him. He says Sorrow called him a "n-word lover" in reference to his many black tenants.

Gage characterized the three deputies as "rogue police" who were "out of control." He called Sorrow "a madman" and said Bender feared he would beat him again while he was still in the sheriff's Palmdale Station jail.

"Imagine the terror he went through," Gage said.

Bender was tried and acquitted of resisting arrest and no longer manages the apartment complex, Gage said.

Sorrow denies using the n-word or unreasonable force against Bender.

Becks, who also is black, said no peace officer with any logic would walk into an apartment building where many blacks live and use the n-word. He also told jurors that contrary to Bender's account that he was handcuffed, beaten and arrested almost immediately by the deputies, he was instead initially detained in the courtyard so that he could be questioned.

Bender was belligerent when the deputies tried to question him and was later brought out to the patrol car, where he was handcuffed and ultimately arrested, Becks said.

"There was some force used on this man because he resisted and would not cooperate," Becks told the jury.

But the lawyer denied Bender was beaten while in handcuffs and told jurors that many of the accounts given them "amount to pulp fiction."

He also said tenants in the building who testified in support of Bender's version of events should not be believed.

"These people came here to expand the reality," Becks said.

The lawyer chastised one young witness, Cia Carter, who testified that Hicks – who is black – also called Bender a "n-word lover."

Bender maintains he was hit in the head with the flashlight, kicked and twice showered with pepper spray. Sorrow said he only hit him in one arm with the flashlight. Chavez admitted hitting Bender to try and get him under control, but Hicks denied he ever struck him.