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Civil Rights
42 U.S.C. Section 1983
Excessive Force

Kristy Beets and Glenn Allen Rose, as Successors in Interest to Glenn Patrick Rose and as individuals v. County of Los Angeles, Steven Winter

Published: May 7, 2016 | Result Date: Oct. 21, 2015 | Filing Date: Jan. 1, 1900 |

Case number: KC057667 Verdict –  $1,034,050

Court

L.A. Superior Long Beach


Attorneys

Plaintiff

Melanie T. Partow
(Law Office of Dale K. Galipo)

Dale K. Galipo
(Law Offices of Dale K. Galipo)


Defendant

Dennis M. Gonzales
(Lawrence, Beach, Allen & Choi, PC)

Arnold F. Lee
(Office of the Pasadena City Attorney)

Raymond W. Sakai
(Lawrence, Beach, Allen & Choi, PC)


Facts

Kristy Beets and Glenn Allen Rose sued the County of Los Angeles and Sheriff's Deputy Steven Winter, in connection with the death of their son, Glenn Patrick Rose. Decedent was fatally wounded in an officer-involved shooting.

Contentions

PLAINTIFFS' CONTENTIONS:
On May 18, 2008, officers were pursuing an allegedly stolen vehicle that was allegedly stolen by the decedent. When the vehicle became disabled, the decedent and his passenger attempted to flee the pursuing deputies in a pickup truck. In the process, defendant deputy shot and killed the decedent. Plaintiffs, the decedent's parents, then sued defendants, alleging civil rights violations for excessive force resulting in the wrongful death of their son. Plaintiffs claimed that defendant deputy was not in any danger of being run over when he shot and killed the decedent.

DEFENDANTS' CONTENTIONS:
Defendant deputy claimed he shot at the decedent because he was about to be run over, and asserted the shooting was in self-defense. Defendants claimed defendant deputy's conduct was reasonable because he was placed in reasonable fear of his life. Defendants also contended that the decedent himself was partly negligent.

Settlement Discussions

Plaintiff attempted to settle with the county for $437,500, but the county rejected their settlement offer. They attempted to settle for $300,000, but the county again rejected their offer.

Result

The jury found Deputy Winters had committed battery and was negligent in shooting the decedent, and rendered a verdict in favor of the survivors. The jury determined damages to be $1,034,048, including $512,500 in wrongful death damages to plaintiff Beets, $512,500 in wrongful death damages to Rose, and $9,048 in funeral- and burial-related expenses. Though the jury also found the decedent partly negligent, no apportionment was made.


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