Dora Colato v. City of Maywood
Published: Mar. 7, 2009 | Result Date: Dec. 16, 2008 | Filing Date: Jan. 1, 1900 |Case number: 07CV06146(AHM) Settlement – $50,000
Court
USDC Central
Attorneys
Plaintiff
Humberto M. Guizar
(Law Offices of Humberto Guizar APC)
Defendant
Raymond E. Brown
(Aguilera Law Group APLC)
Facts
Defendant city of Maywood Police Officers Ringrose and Siercke responded to a call at Juan Colato's home. In order to subdue him, Officers Ringrose and Siercke pushed Juan Colato to the ground and cuffed his hands and feet together. There was a factual dispute as to whether Juan Colato was face down at this time. Paramedics were notified when Juan Colato suffered a full cardiac arrest; Juan Colato died later that night at St. Francis Medical Center. Juan Colato had a "severe segmental coronary atherosclerosis with 90 percent stenosis of the left anterior descending artery" and the toxicology report showed the presence of alcohol and cocaine in his system. The cause of death was listed as cocaine intoxication and coronary atherosclerosis.
Plaintiffs Dora Colato and MC, a minor, filed suit against the defendants' city of Maywood and Officers Ringrose, Siercke, and Sergeant Nijland.
Contentions
PLAINTIFFS' CONTENTIONS:
Dora Colato and MC contended that the defendants used excessive force, which caused the death of Juan Colato.
DEFENDANTS' CONTENTIONS:
The defendants contended that Juan Colato was acting in a bizarre and combative manner due to his intoxication, which caused them to subdue him with minor force. The defendants argued that they called paramedics as soon as Juan Colato showed signs of medical distress, and that Juan Colat's death was caused by a cocaine overdose, not any force used by the officers.
Settlement Discussions
Demand of 1.5 million.
Injuries
The plaintiffs suffered the death of Juan Colato and loss of consortium.
Result
Dora Colato settled for $30,000 and MC settled for $20,000.
Other Information
FILING DATE: Sept. 21, 2007.
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