Henry Gonzales, Clara Isabel Castro v. City of San Diego, and Does 1 through 50, inclusive
Published: Jan. 21, 2017 | Result Date: Sep. 26, 2016 | Filing Date: Jan. 1, 1900 |Case number: 3:15-cv-01033-L-RBB Settlement – $150,000
Court
USDC Southern District of California
Attorneys
Plaintiff
Defendant
Beverly Anne Roxas
(Office of the City Attorney)
Facts
Henry Gonzales and Clara Castro sued the City of San Diego, involving an incident that allegedly occurred on Feb. 27, 2014.
Contentions
PLAINTIFFS' CONTENTIONS:
Members of the city's police department's narcotics-enforcement team allegedly went to plaintiffs' house at around 7:45 in the morning to serve a warrant. An officer allegedly knocked on a window to announce their presence. The window broke, rousing Gonzales from his sleep. Gonzales, who was sleeping in the living room, stood up and was shot several times. An officer allegedly believed that Gonzales grabbed a gun, which then prompted gunfire. Castro was also injured from the ensuing shooting. Plaintiffs denied being a threat to any of the officers when they were shot. plaintiffs sued defendants for Section 1983 violations due to excessive force, negligence and vicarious liability, and battery.
DEFENDANTS' CONTENTIONS:
Defendant denied the allegations and asserted various affirmative defenses.
Result
The city agreed to settle for $150,000.
Other Information
FILING DATE: May 8, 2015.
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