Christine Rios v. City of San Jose, et al.
Published: Jan. 10, 2009 | Result Date: Dec. 17, 2008 | Filing Date: Jan. 1, 1900 |Case number: 5:06-cv-07036-RS Settlement – $70,000
Court
USDC Northern
Attorneys
Plaintiff
Jaime A. Leanos
(Morales & Leanos)
Defendant
Clifford S. Greenberg
(Office of the San Jose City Attorney)
Facts
On Nov. 18, 2005, off-duty San Jose Police Officer Ian Cooley intervened in a domestic dispute between Jose Rios and his wife. Cooley used pepper spray and a Taser on Rios. While Cooley and other officers subdued Rios, Rios went limp and needed to be taken to Clara Valley Medical Center, where he later died. Rios' family and estate brought an action against Cooley, and assisting officers Steve Guggiana, Paul Castillo, Shane Leuddeke and Kirk Niemeyer for wrongful death as well as civil rights violations.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that the officers used excessive force when they beat Rios.
Result
The parties settled for $70,000.
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