Jose Perez Sr., Graciela Perez, et al. v. City of San Leandro, et al.
Published: Aug. 4, 2007 | Result Date: Jun. 7, 2007 | Filing Date: Jan. 1, 1900 |Settlement – $395,000
Facts
Jose Maravilla Perez, Jr. was a 33-year-old forklift operator working in the port of Oakland. San Leandro officers were called to an apartment on the 500 block of Callan Avenue where Perez's ex-girlfriend lived, on the report that Perez had violated a restraining order. When police arrived, Perez allegedly tried to run but was tackled by a police officer. A confrontation soon ensued after Perez resisted several officers again and was then stunned with a Taser gun. Perez soon broke free and ran to a nearby fire station. He continued to resist arrest and was stunned several more times with a Taser.
Perez was eventually booked into a cell in the city's jail on Oct. 20, 2005. He continued to fight and was stunned several more times by police. Perez then lost consciousness and was taken to Eden Medical Center, where he died. The coroner ruled that Perez had suffered a neck fracture, and died of "methamphetamine intoxication associated with physical exerion" after suffering 21 Taser-applied wounds.
Perez's parents, Jose Perez, Sr. and Graciela Perez, and Jose Perez, Jr.'s two children filed a federal civil rights suit against the city naming nine defendants including the police chief. The suit sought $10 million in damages.
Result
The city of San Leandro agreed to pay $395,000 as a settlement with the family, without admitting any wrongdoing. The city of San Leandro will also fund an insurance annuity to benefit Perez's two children.
Other Information
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