Facts

Plaintiffs Alfredo Arceo, Martha Trujillo, Maria Arceo, N.K.A., and C.A.A., by and through their Guardian ad Litem, Yoana Munos, and N.S.A. and J.G.A., by and through their Guardian ad Litem, Crystal Marmalejo, filed suit against the County of Los Angeles and Sheriff's Deputy Luis Mendoza, in connection with the death of Rigoberto Arceo on May 11, 2013.

Plaintiffs are decedent's four children, his parents and his sister.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that Deputy Mendoza was dispatched to follow a mini-van based on a 911 call reporting a fight between two Hispanic males, with one of the suspects having possibly tossed a handgun. Plaintiffs contended that Mendoza was following the minivan of decedent's sister, with decedent seated on the passenger side. After decedent's sister parked the minivan at their mother's home, Mendoza allegedly exited his vehicle with his weapon drawn and abruptly shot decedent, resulting in his death. Plaintiffs claimed that decedent was unarmed, and standing with his hands on his head and at no time, did he lunge for Mendoza or otherwise pose a threat to him.

Plaintiffs asserted that two independent witnesses from different vantage points saw decedent with his hands up when he was shot. Moreover, there was no DNA or fingerprint evidence to support that decedent made any contact with Officer Mendoza's gun. Therefore, the witness and physical evidence contradicted the Officer's version that decedent was lunging for his gun when he was shot. Plaintiffs' presented a reconstruction of the incident that demonstrated that decedent was in the process of moving forward to get down on the ground in compliance with the officer's command to "get down on the ground" when he was shot and that he was not lunging toward the office to grab his gun.

The shooting occurred in front of decedent's home where he was hosting a Mother's Day event for his mother and family members. Decedent was gainfully employed as a lab technician at St. Mary's Hospital, and died at the hospital where he worked. Plaintiffs brought a civil rights action for Fourth Amendment violations, battery and negligence.

DEFENDANT'S CONTENTIONS:
Mendoza contended that decedent was reaching for and lunging for his gun and therefore he fired in self-defense.

Result

The County of Los Angeles settled with plaintiffs for $4.7 million.

Other Information

FILING DATE: Sept. 12, 2013.