Sep. 13, 2012
Arturo J. Gonzalez
See more on Arturo J. GonzalezMorrison & Foerster LLP San Francisco Litigation Specialty: intellectual property, commercial
Gonzalez scored a significant win last year against the City of Fresno over the fatal shooting of Steven Anthony Vargas.
In 2009, Vargas was shot eight times by a Fresno police officer after he crashed his SUV into a parked car.
Toxicology reports noted that he was under the influence of PCP at the time of the accident.
The police officer contended that he had acted in self-defense, believing that Vargas was going for a gun.
At trial, Gonzalez presented evidence of 10 shootings by Fresno police officers that he said showed a pattern of unlawful shootings, as well as poor training by the police department. Enriguez v. City of Fresno, CV-F-10-0581-AWI-DLB (E.D. Cal., filed April 5, 2010).
In December, a federal jury found that the police officer had violated Vargas' Fourth Amendment rights through the use of excessive and unreasonable force; and also found the city liable for violating the Fourth Amendment based on the pattern of unlawful police shootings.
In January, the case settled for $1.3 million, and Fresno police have agreed to reforms.
"The toughest issue was getting information regarding other shootings by the department and then persuading the jury that there was a pattern of improper shootings that cried out for more and better training," Gonzalez said.
The case also led to the public release last year of a report from Fresno's Office of Independent Review, criticizing the department's internal investigations.
In another significant matter, Gonzalez has been busy preparing for a trial involving a class of about 600 people throughout multiple jurisdictions.
The defendant is his client, Iovate Health Sciences International Inc., the manufacturer of Hydroxycut, a line of nutritional supplements, which initially triggered a warning by the Federal Drug Administration in 2009.
The company voluntarily recalled Hydroxycut and retooled the products that are now back on the shelves.
Plaintiffs are alleging that Iovate is liable for breach of warranty and for violations of state consumer protection laws because the product allegedly poses serious health risks. In Re Hydroxycut Marketing and Sales Practices Litigation, 09-MD-2087 BTM (CAB) (S.D. Cal., filed May 2008).
- PAT BRODERICK
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