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Civil Rights
Excessive Force
False Arrest

Terrence Wilson v. City of Long Beach, Kristen Nelson, Jesse Valadez, Jacinto Ponce, Abel Morales

Published: Aug. 21, 2010 | Result Date: Jun. 20, 2010 | Filing Date: Jan. 1, 1900 |

Case number: 2:08-cv-05194-AHM-AGR Verdict –  Defense

Court

USDC Central


Attorneys

Plaintiff

Caree A. Harper
(Law Offices of Caree Harper)

Steven A. Simons
(Law Office of Steven A. Simons)


Defendant

Howard D. Russell
(Office of the Long Beach City Attorney)


Facts

On Aug. 9, 2006, plaintiff Terrence Wilson was walking along Ackerfield Ave in Long Beach when police officers attempted to detain him. A dispute arose, resulting in one officer firing his gun and hitting Wilson several times in the torso area and legs. Wilson sued the City of Long Beach and the officers involved.

Contentions

PLAINTIFF'S CONTENTIONS:
Wilson claimed the officers tried to detain him without probable cause or suspicion, that he did not have a weapon on him and posed no threat of violence. Plaintiff was shot while fleeing from plain-clothed men on August 9, 2006, seven days after police discontinued there surviellence of him and decided not to arrest him. At some point during the pursuit, plaintiff climbed atop an iron fence using both hands. He had reached the top of the fence with both hans on the fence, when he was shot by defendants. Plaintiff was unarmed and wearing shorts and a T-shirt at the time of the shooting. Plaintiff suffered multiple gunshot wounds to his back and legs, resulting in the amputation of one of his legs.

DEFENDANTS' CONTENTIONS:
The City claimed Wilson was taken into custody because he was a murder suspect, based on a videotaped killing they had observed. Despite being ordered to the ground multiple times, Wilson ran from the officers, then reached for his waistband. The officers shot him in self-defense and to prevent his escape.

Damages

He sought damages for past and future medical bills, lost wages, and pain and suffering.

Injuries

Wilson claimed gunshot wounds to his torso and legs.

Result

The jury returned a defense verdict.

Poll

12-0

Length

four days


#112767

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