Facts

James Ligon sued the California Highway Patrol and Joe Lafauci, individually and as an officer of the CHP, in connection with an officer-involved shooting.

Plaintiff filed an amended complaint naming Joe Lafuaci as the sole defendant in his capacity as a California highway patrol officer, and dismissed the CHP because a state agency cannot be sued in federal court.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that officer Lafauci shot him during a traffic stop. Plaintiff alleged he was unarmed when the shooting occurred, and that despite having his hands up to show that he had no weapon, the officer proceeded to empty his clip at him. Plaintiff denied ever charging at the officer and argued that this was proven by the fact he was shot in his back and buttocks.

Plaintiff alleged causes of action for violation of the Fourth Amendment, battery, negligence, and intentional infliction of emotional distress.

DEFENDANT'S CONTENTIONS:
Defendants alleged that plaintiff led the officers on a pursuit while evading an attempted enforcement stop for speeding and DUI. Defendant contended plaintiff pulled over on a residential street, got out of his car, yelled threats at Officer Lafauci and immediately charged at the officer while keeping his hands near his waistband. Lafauci yelled at plaintiff to stop, put his hands up and get down. Defendant claimed plaintiff refused the commands, and continued to yell threats and charge. Officer Lafauci fired four shots at the plaintiff. When plaintiff continued charging, Lafauci fired eight additional shots. At the time of the shooting, plaintiff's blood alcohol concentration was 0.3 percent, nearly four times the legal limit.

Result

The parties reached a $2.5 million settlement.

Other Information

FILING DATE: June 21, 2013.