Estate of Jonathan Cuevas, by and through his Executor Mayra Murillo; A.M., by and through his Guardian ad Litem, Mayra Murillo; and Mayra Murillo v. County of Los Angeles; City of Lynwood; Sheriff Lee Baca; and Does 1 through 10
Published: Sep. 28, 2013 | Result Date: Jul. 31, 2013 | Filing Date: Jan. 1, 1900 |Case number: 2:11-cv-08297-FMO-PJW Settlement – $875,000
Court
USDC Central
Attorneys
Plaintiff
James P. Segall-Gutierrez
(Law Office of James P. Segall-Gutierrez)
Manuel Duran
(Duran & Cedillo)
Defendant
Harold G. Becks
(Harold G. Becks & Associates)
Facts
On Oct. 10, 2010, Jonathan Cuevas died following an encounter with a police officer of the City of Lynwood, during which he was fatally shot him. The guardian of Cuevas' only son, A.M., who was five years old, and Cuevas' estate brought an action against the City and the County of Los Angeles.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiffs alleged that on Oct. 10, 2010, Cuevas was walking home from a convenience store in the City of Lynwood, when a police vehicle swerved and almost hit him. A deputy then exited the car with a gun and yelled at Cuevas, who turned and tried to run. Although Cuevas did not a pose a threat to anyone, plaintiff contended, the officer fired several shots at him, beat him, stuck his knee in his body, and shot Cuevas two more times.
Plaintiffs also claimed wrongful death and violation of civil rights. They alleged that Cuevas was wrongfully, negligently, and or intentionally assaulted, beaten, shot and killed by the police officers. They claimed the shooting was motivated by racial animus and was directly related to defendants' unlawful customs and practice of permitting or allowing unlawful assaults, beatings, threats, intimidation, harassment and violent retaliation.
DEFENDANT'S CONTENTIONS:
Defendants denied that they acted unlawfully.
Injuries
Plaintiffs suffered mental injuries, trauma, shock, anxiety and emotional distress.
Result
The parties settled the matter for $875,000.
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