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Steven H. Estabrook Litigation Cost Manager Office of the County Counsel January 19, 2016
1
ANNUAL LITIGATION REPORT FISCAL YEAR 2014-15
$107M $115M
$89M $95.6M
$118.9M
$0
$20
$40
$60
$80
$100
$120
$140
FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 FY 2014-15
Mill
ion
s
YEAR TOTAL LITIGATION EXPENDITURES
2
ANNUAL LITIGATION REPORT FISCAL YEAR 2014-15
FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 FY 2014-15
$50.87M $55.3M $53.2M $55.3M $59M
$56.5M $59.9M $35.8M $40.3M $59.9M
$107M
$115M
JUDGMENTS & SETTLEMENTS
JUDGMENTS & SETTLEMENTS
JUDGMENTS & SETTLEMENTS
JUDGMENTS & SETTLEMENTS
JUDGMENTS & SETTLEMENTS
ATTORNEY FEES & COSTS
ATTORNEY FEES & COSTS
ATTORNEY FEES & COSTS
ATTORNEY FEES & COSTS
ATTORNEY FEES & COSTS
$89M $95.6M
$118.9M
COMPONENTS OF OVERALL LITIGATION EXPENSES FY 2010-11 thru FY 2014-15
3
ANNUAL LITIGATION REPORT FISCAL YEAR 2014-15
FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 FY 2014-15
$56.5M
JUDGMENTS $12.7M
$35.8M $40.3M
$59.9M
JUDGMENTS & SETTLEMENTS FY 2010-11 thru FY 2014-15
$59.9M
JUDGMENTS $17.9M
JUDGMENTS $7.2M
JUDGMENTS $5.8M
JUDGMENTS $15.7M
SETTLEMENTS $43.8M
SETTLEMENTS $42M
SETTLEMENTS $28.6M
SETTLEMENTS $34.5M
SETTLEMENTS $44.2M
4
ANNUAL LITIGATION REPORT FISCAL YEAR 2014-15
SETTLEMENTS OVER $1 MILLION
The seven settlements that exceeded $1
million represent 45%
of all settlements paid.
De La Trinidad $5.3M Sheriff
Excessive Force Shooting
Malone $4.5M
Delay/Failure to Treat Failure to Diagnose
Johnson $4M
Sheriff Custody
Failure to Protect
Perez $1.65M
DHS-LAC+USC Delayed Treatment
Cabrales $1.5M Sheriff
Excessive Force Shooting
Castillo $1.5M
DHS-LAC+USC Negligent Surgery
Marshall $1.2M
Probation Camp Miller
Failure to Protect
5
FY 2014-15 SETTLEMENTS
$44.2M
ANNUAL LITIGATION REPORT FISCAL YEAR 2014-15
JUDGMENTS OVER $1 MILLION FY 2014-15 Thomas
$6,000,000 Sheriff
Excessive Force Shooting
Hager
$3,098,662 Sheriff
Employment Wrongful Termination
Tulcey
$1,900,000 Sheriff
Excessive Force Battery
Dugan
$1,635,000 Sheriff
Excessive Force Battery
Abyane
$1,490,000 DCFS
Employment Wrongful Termination
The five judgments that exceeded
$1 million represent
90% of all
judgments paid.
6
FY 2014-15 JUDGMENTS
$15.7M
ANNUAL LITIGATION REPORT FISCAL YEAR 2014-15
FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 FY 2014-15
$53.2M $55.3M
CONTRACT COUNSEL & COUNTY COUNSEL ATTORNEY FEES & COSTS $55.3M
COUNTY COUNSEL $13.5M
CONTRACT COUNSEL $37.3M
$59M
CONTRACT COUNSEL $40.9M
CONTRACT COUNSEL $39.8M
CONTRACT COUNSEL $42.9M
CONTRACT COUNSEL $46.8M
COUNTY COUNSEL $14.4M
COUNTY COUNSEL $13.4M
COUNTY COUNSEL $12.4M
COUNTY COUNSEL $12.2M
$50.8M
7
ANNUAL LITIGATION REPORT FISCAL YEAR 2014-15
TOP DEPARTMENTS
$61M $18.9M $7.2M $7.2M $4.2M $2.4M
$100.9M
85% of the County’s Total Litigation Expenditures for FY 2014-15
8
ANNUAL LITIGATION REPORT FISCAL YEAR 2014-15
DEPARTMENTS FY 2013-14 FY 2014-15 ($) CHANGE
Sheriff $41M $61M $20M
Health Services $20.8M $18.9M $(1.9)M
Public Works $5.8M $7.2M $1.4M
Children and Family Services $4.2M $7.2M $3M
Probation $2.3M $4.2M $1.9M
Fire $4.9M $2.4M $(2.5)M
TWO-YEAR LITIGATION EXPENDITURES FOR TOP DEPARTMENTS
9
ANNUAL LITIGATION REPORT FISCAL YEAR 2014-15
10
ANNUAL LITIGATION REPORT FISCAL YEAR 2014-15
$0
$10
$20
$30
$40
$50
$60
$70
FY 2011-12 FY 2012-13 FY 2013-14 FY 2014-15
Mill
ion
s
SHERIFF’S DEPARTMENT TOTAL LITIGATION EXPENSES FY 2011-12 thru FY 2014-15
$37M $43M $41M
$61M
11
ANNUAL LITIGATION REPORT FISCAL YEAR 2014-15
LAW ENFORCEMENT
$47.3M
EMPLOYMENT $7M
AUTO LIABILITY $5.1M
MEDICAL MALPRACTICE
$1M
GENERAL LIABILITY $483k
$61M
SHERIFF’S DEPARTMENT LITIGATION EXPENSES BY CASE TYPE FY 2014-15
ANNUAL LITIGATION REPORT FISCAL YEAR 2014-15
$0
$5
$10
$15
$20
$25
$30
$35
$40
$45
$50
FY 2011-12 FY 2012-13 FY 2013-14 FY 2014-15
Mill
ion
s
$20.6M
$31M $32.7M
$47.3M
SHERIFF’S DEPARTMENT LAW ENFORCEMENT LITIGATION EXPENSES
FY 2011-12 thru FY 2014-15
13
ANNUAL LITIGATION REPORT FISCAL YEAR 2014-15
EXCESSIVE FORCE
$33.5M
FAILURE TO PROTECT $6.2M
FALSE ARREST $2.5M
SEXUAL ASSAULT BY DEPUTY $1.5M
OTHER CASE TYPES $3.6M
$47.3M
SHERIFF’S DEPARTMENT LAW ENFORCEMENT LITIGATION EXPENSES
BY CASE TYPE FY 2014-15
14
ANNUAL LITIGATION REPORT FISCAL YEAR 2014-15
SHERIFF’S DEPARTMENT EXCESSIVE FORCE LITIGATION EXPENSES
FY 2011-12 thru FY 2014-15
$13M
$20M
$24.2M
$33.5M
$0
$5
$10
$15
$20
$25
$30
FY 2011-12 FY 2012-13 FY 2013-14 FY 2014-15
Mill
ion
s
15
ANNUAL LITIGATION REPORT FISCAL YEAR 2014-15
SHERIFF’S DEPARTMENT EXCESSIVE FORCE LITIGATION EXPENSES
BY CASE TYPE FY 2014-15
Excessive Force
$33.5M
Patrol $29.8M
Shootings $19.9M
Battery $9.9M
Custody $3.7M
16
ANNUAL LITIGATION REPORT FISCAL YEAR 2014-15
SHERIFF’S DEPARTMENT LITIGATION LIFE SPAN OF EXCESSIVE FORCE CASES
0 1 2 3 4 5 6 7 8 9 10 11 12 13
Years to Resolve from Date of Incident
43
Exc
ess
ive
Fo
rce
Cas
es
wit
h
Pay
ou
ts
Incident Date
17
Average 3½ years
ANNUAL LITIGATION REPORT FISCAL YEAR 2014-15 SHERIFF’S DEPARTMENT
DECLINE IN NEW EXCESSIVE FORCE CASES FY 2012-13 thru FY 2014-15
80 74
64
0
10
20
30
40
50
60
70
80
90
FY 2012-13 FY 2013-14 FY 2014-15New Excessive Force Cases
20%
18
ANNUAL LITIGATION REPORT FISCAL YEAR 2014-15
19
ANNUAL LITIGATION REPORT FISCAL YEAR 2014-15
$0
$5
$10
$15
$20
$25
FY 2011-12 FY 2012-13 FY 2013-14 FY 2014-15
Mill
ion
s
HEALTH SERVICES TOTAL LITIGATION EXPENSES FY 2011-12 thru FY 2014-15
$19.9M
$14.6M
$20.8M $18.9M
20
ANNUAL LITIGATION REPORT FISCAL YEAR 2014-15
LAC+USC $12.9M
HEALTH SERVICES TOTAL LITIGATION EXPENSES BY FACILITY
FY 2014-15
HARBOR UCLA $2.3M
OLIVE VIEW $948k
MARTIN LUTHER KING $581k
RANCHO LOS AMIGOS $265k
ALL OTHER DHS/CUSTODY
FACILITIES $1.9M
$18.9M
21
ANNUAL LITIGATION REPORT FISCAL YEAR 2014-15
MEDICAL MALPRACTICE
$12.8M
HEALTH SERVICES TOTAL LITIATION EXPENSES BY CASE TYPE FY 2014-15
GENERAL LIABILITY $1M
EMPLOYMENT $4.9M
AUTO LIABILITY $236k
$18.9M
22
ANNUAL LITIGATION REPORT FISCAL YEAR 2014-15
HEALTH SERVICES MEDICAL MALPRACTICE TOTAL LITIGATION EXPENSES FY 2011-12 thru FY 2014-15
$15.9M
$11.3M
$13.7M $12.8M
$0
$2
$4
$6
$8
$10
$12
$14
$16
$18
FY 2011-12 FY 2012-13 FY 2013-14 FY 2014-15
Mill
ion
s
AVERAGE EXPENSES $13.4M
23
ANNUAL LITIGATION REPORT FISCAL YEAR 2014-15
LAC+USC $10.6M
HARBOR-UCLA $1M
OLIVE VIEW $721k
ALL OTHER DHS/CUSTODY
FACILITIES $416k
$12.8M
HEALTH SERVICES MEDICAL MALPRACTICE LITIGATION EXPENSES BY FACILITY
FY 2014-15
24
LAC+USC spent $6.4 million on
Failure to Treat Cases
Malone LAC+USC
Failure to Treat
$4.5 million (Settlement)
ANNUAL LITIGATION REPORT FISCAL YEAR 2014-15
HEALTH SERVICES EMPLOYMENT TOTAL LITIGATION EXPENSES FY 2011-12 thru FY 2014-15
$3.5M
$2.5M $2.5M
$4.9M
$0
$1
$2
$3
$4
$5
$6
FY 2011-12 FY 2012-13 FY 2013-14 FY 2014-15
Mill
ion
s
25
LAC+USC spent
$2.2 million of the $4.9 million on
Employment cases
ANNUAL LITIGATION REPORT FISCAL YEAR 2014-15
26
ANNUAL LITIGATION REPORT FISCAL YEAR 2014-15
$0
$5
$10
$15
$20
$25
FY 2011-12 FY 2012-13 FY 2013-14 FY 2014-15
Mill
ion
s
PUBLIC WORKS TOTAL LITIGATION EXPENSES FY 2011-12 thru FY 2014-15
$20.3M
$8M $5.8M
$7.2M
27
ANNUAL LITIGATION REPORT FISCAL YEAR 2014-15
GENERAL LIABILITY
$4.6M
SPECIAL DISTRICTS
$1.5M
PUBLIC WORKS TOTAL LITIGATION EXPENSES BY CASE TYPE FY 2014-15
EMPLOYMENT $636k
AUTO LIABILITY $188k
ENVIRONMENTAL $325k
$7.2M
28
Public Works spent $2.6 million on
Roadway Condition Cases
Radner General Liability
Roadway Condition $823,283 (Judgment)
ANNUAL LITIGATION REPORT FISCAL YEAR 2014-15
PUBLIC WORKS GENERAL LIABILITY TOTAL LITIGATION EXPENSES FY 2011-12 thru FY 2014-15
$17.4M
$4.7M $3.9M $4.6M
$0
$3
$6
$9
$12
$15
$18
$21
FY 2011-12 FY 2012-13 FY 2013-14 FY 2014-15
Mill
ion
s
AVERAGE EXPENSES $7.6M
29
ANNUAL LITIGATION REPORT FISCAL YEAR 2014-15
PUBLIC WORKS GROUNDWATER ADJUDICATION
LITIGATION EXPENSES FY 2014-15
$1M
$1.9M
$819k
$1.5M
$500,000
$1,000,000
$1,500,000
$2,000,000
FY 2011-12 FY 2012-13 FY 2013-14 FY 2014-15
30
Paid by Waterworks
Districts
ANNUAL LITIGATION REPORT FISCAL YEAR 2014-15
31
ANNUAL LITIGATION REPORT FISCAL YEAR 2014-15
$0
$1
$2
$3
$4
$5
$6
$7
$8
FY 2011-12 FY 2012-13 FY 2013-14 FY 2014-15
Mill
ion
s
CHILDREN & FAMILY SERVICES TOTAL LITIGATION EXPENSES FY 2011-12 thru FY 2014-15
$6.5M
$3.7M $4.2M
$7.2M
32
ANNUAL LITIGATION REPORT FISCAL YEAR 2014-15
EMPLOYMENT $3.2M
GENERAL LIABILITY
$3.9M
CHILDREN & FAMILY SERVICES TOTAL LITIGATION EXPENSES
BY CASE TYPE FY 2014-15
OTHER CASE TYPES $174k
$7.2M
33
DCFS spent $2.4 million on Removal Cases
Doe General Liability
Removal $800k (Settlement)
Abyane Employment
Wrongful Termination $1,490,000 (Judgment)
DCFS spent $2.4 million on
Wrongful Termination Cases
ANNUAL LITIGATION REPORT FISCAL YEAR 2014-15
34
ANNUAL LITIGATION REPORT FISCAL YEAR 2014-15
$500,000
$1,500,000
$2,500,000
$3,500,000
$4,500,000
FY 2011-12 FY 2012-13 FY 2013-14 FY 2014-15
PROBATION TOTAL LITIGATION EXPENSES FY 2011-12 thru FY 2014-15
$2.6M
$1.5M
$2.3M
$4.2M
35
ANNUAL LITIGATION REPORT FISCAL YEAR 2014-15
LAW ENFORCEMENT
$3M
OTHER CASE TYPES $100k
EMPLOYMENT $1.1 M $4.2M
PROBATION TOTAL LITIGATION EXPENSES
BY CASE TYPE FY 2014-15
36
Marshall Law Enforcement Failure to Protect
$1.2 million (Settlement)
Probation spent $2.8 million on
Failure to Protect Cases
ANNUAL LITIGATION REPORT FISCAL YEAR 2014-15
37
ANNUAL LITIGATION REPORT FISCAL YEAR 2014-15
$0
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
FY 2011-12 FY 2012-13 FY 2013-14 FY 2014-15
FIRE TOTAL LITIGATION EXPENSES FY 2011-12 thru FY 2014-15
$2.7M $2.7M
$4.9M
$2.4M
38
ANNUAL LITIGATION REPORT FISCAL YEAR 2014-15
EMPLOYMENT $1M
FIRE TOTAL LITIGATION EXPENSES
BY CASE TYPE FY 2014-15
GENERAL LIABILITY $84k
AUTO LIABILITY $680k
MEDICAL MALPRACTICE
$598k
$2.4M
39
Fire spent $612k on
Race Discrimination Cases
Stephenson Employment
Race Discrimination $100,000
(Settlement)
ANNUAL LITIGATION REPORT FISCAL YEAR 2014-15
$1.7M $1.5M
$2.7M
$1M
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
FY 2011-12 FY 2012-13 FY 2013-14 FY 2014-15
FIRE EMPLOYMENT TOTAL LITIGATION EXPENSES FY 2011-12 thru FY 2014-15
63%
40
ANNUAL LITIGATION REPORT FISCAL YEAR 2014-15
FY 2014-15 OVERALL BOTTOM LINE LITIGATION EXPENSES
OVERALL EXPENSES $118,900,000 Contract Cities ($8,800,000) Water District ($1,500,000) Flood Control District ($300,000) Recoveries ($4,600,000) ($15,200,000)
NET BOTTOM LINE EXPENDITURES
EXPENSES NOT PAID FROM
COUNTY GENERAL FUND
41
$103,700,000
Steven H. Estabrook Litigation Cost Manager Office of the County Counsel January 19, 2016
42