L.A.'S LEGAL DELUGE `RAMPART SYNDROME' FUELS HIGH-PRICED LIABILITY CASES LIABILITY CLAIMS ON RECORD PACE.

Byline: Rick Orlov Staff Writer

Barely halfway through the financial year, the city of Los Angeles faces a record for payouts of liability claims. And it's likely to get worse - a lot worse - in the next 18 months thanks to ``Rampart syndrome.''

That's the name officials have attached to the coming blizzard of claims growing directly out of the mushrooming scandal centered on the LAPD Rampart Division's anti-gang unit and the fallout from the scandal that already has juries skewering the city in unrelated police misconduct cases.

With a $19 million settlement last week of a traffic collision claim against a city employee, Los Angeles has paid out about $48 million since July 1 in liability cases.

That's just $4 million short of last year's total and $11 million short of the record in 1995-96 - and it leaves just $5 million in the budget for judgments and settlements for the next 5 1/2 months.

Councilman Mike Feuer, a city attorney candidate and chairman of the City Council's Budget and Finance Committee, which reviews all legal settlements, said the LAPD's tainted reputation is making it easy for plaintiffs' attorneys to cast the city in the worst possible light before juries.

``We are already seeing the impact in criminal cases where juries don't trust the testimony of police officers, and . . . civil cases which should be settled for a nominal amount are going to trial,'' Feuer said. ``We will suffer the lingering impacts of this for months to come.''

The actual impact of the Rampart scandal, in which officers allegedly framed suspects, offered perjured testimony and committed other crimes, will keep the city's liability costs high well into the future.

``We haven't even begun to see the direct Rampart cases,'' said City Attorney James Hahn, a candidate for mayor.

``That probably won't be until next year, and I will be recommending we handle them aggressively and quickly - not only from a fiscally responsible point of view, but from one of being just. We had people who suffered permanent injuries and were jailed, and they deserve compensation.''

Officials cite the case of Climon Hawkins as clearly traceable to Rampart syndrome.

It started out as a routine Los Angeles police drug raid on a house in South Central on a warm spring night in April 1997.

But it became a horrible case of one mistake after another when it turned out officers raided the wrong home. And while none of the nine people in and around the house suffered severe injuries after police stormed in, it ended up costing the city $851,000.

SETTLEMENT REJECTED

It could have cost a lot less but the City Council, ignoring the potential for juries to punish the city over the Rampart scandal, rejected an offer to settle the case for $375,000. The council offered $150,000, which was turned down.

``Yes, we made a mistake, but the jury award is way out of line,'' Deputy City Attorney Ted Smith said. ``The total of the medical bills was $26,000. It all happened quickly, a matter of seconds, before officers realized they were in the wrong house.''

There is no dispute over some of the basic facts.

At 8:30 p.m., a team of narcotics officers from South Bureau, armed with a search warrant, went to Hawkins' home in the 4400 block of S. Orchard Street, several weeks after an officer made a drug buy in the area.

But with mistaken photos taken from a helicopter, police had the wrong house and should have been at one down the street.

From there, the stories diverge.

Smith said officers used standard procedures in securing the home, ordering those in it to get on the ground and handcuffing them.

``It couldn't have been more than a couple of seconds before they realized there was a mistake and they let everyone go,'' Smith said.

PUNISHING THE LAPD

But Paul De Montesquiou, the attorney for Hawkins and the eight others involved in the incident, called it a case of brutality and a violation of civil rights in which Hawkins and others were beaten by police.

Smith said Hawkins had medical bills of $5,313. The jury awarded him that and $200,000 in damages.

``Clearly, they wanted to punish the LAPD for being the LAPD,'' Smith said.

Smith takes it a step further, saying, ``There's no question this is a Rampart syndrome.'' During the trial nine major news stories were published about Rampart. There were three on the weekend before the jury began deliberations.

Smith has asked for a new trial, based partly on one of the jurors coming forward and talking about how the jury was influenced by the Rampart situation. De Montesquiou disputes Smith's contention.

``We had a strong case and a conservative jury,'' De Montesquiou said. ``This was more than a mistake. It was assault and battery. I don't think Rampart influenced them at all.''

The Hawkins case was particularly disturbing to Hahn.

``We were very disappointed with that,'' Hahn said. ``We've asked for a new trial in the case.''

LONG-TERM IMPACT

Hahn and his top aides worry the impact of the Rampart case will last for at least a year, based on the department's experience following the Rodney King case - or longer depending on how much public attention focuses on Rampart and whether any new disclosures come out.

Mayor Richard Riordan is closely monitoring the payouts and recognizes the impact of the Rampart scandal, Deputy Mayor Kelly Martin said.

``It is one of those things that you have to take into consideration in preparing the budget,'' Martin said. ``But we think the city is doing all it can in this situation.''

The city this year has budgeted some $53 million to cover its liability claims. Liability claims cost $52 million in 1998-99 and $42 million in 1997-98.

Claims vary sharply from year to year, peaking at $59 million in 1995-96 and falling to $35 million the following year.

For the first six months of this fiscal year, claims are already in excess of $29 million.

CITY TO PUT UP A FIGHT

Then last week, the council approved a record $19 million settlement with a Florida woman who suffered crippling injuries when a city truck careened across the Hollywood Freeway and smashed into her car.

The city worker involved, who said he fell asleep at the wheel, pleaded guilty last year to overloading the vehicle and was fined $200 and placed on three years' probation. He still works for the city but is no longer driving any vehicles.

The long-term escalation in claims against the city finally prompted Hahn last year to create a special team of lawyers working solely with the LAPD, the city's largest department and the one that draws the most lawsuits.

But many feel - even in the face of Rampart syndrome - that the city settled far too many cases in the past and must fight in court to convince juries of the city's position whenever the facts warrant it.

``It sends an important message to police officers that we will defend them and another message to the public that we are just not settling cases,'' Feuer said.