This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Civil Rights
Excessive Force
Wrongful Death

Jayda MacCaskie, Dawn Soares, Tiffany Soares and Alissa Varnedoe v. Sergeant Sean Burke, Sean Burke, County of Los Angeles, Does, Captain Jack Ewell, Jack Ewell, Anthony Geisbauer, Deputy Anthony Geisbauer, Sheriff Jim McDonnell, Jim McDonnell, Donald McNamara, Steven Pratt, Deputy Steven Pratt, Juan Rodriquez, Deputy Juan Rodriquez, Edson Salazar, Deputy Edson Salazar, Ian Stade, Deputy Ian Stade, Deputy Daniel Welle, Daniel Welle, Wheeler and Deputy Wheeler

Published: Apr. 12, 2019 | Result Date: May 23, 2018 | Filing Date: Feb. 3, 2017 |

Case number: 2:17-cv-00924 Settlement –  $1,250,000

Judge

R. Gary Klausner

Court

CD CA


Attorneys

Plaintiff

Tristan G. Pelayes
(Law Offices of Pelayes & Yu, APC)


Defendant

Millicent L. Rolon
(Office of Los Angeles County Counsel)


Facts

Dawn Soares sued the County of Los Angeles in relation to the death of Leroy Varnedoe inside his home. On Feb. 2, 2015, a gang investigator learned Varnedoe, who was known to be selling narcotics and armed with multiple firearms, had absconded from court and was staying in Lancaster. An Operation Safe Streets Sergeant and the Special Enforcement Bureau planned a surround and call-out operation, and a search warrant was issued for Varnedoe's location. Varnedoe refused to surrender, and a robot sent into the residence indicated Varneode accessed an attic providing him high ground, cover, and concealment. Chemical agents were dispersed inside the residence, and despite burn safe features in place, a fire started. The fire grew, and once it was contained, Varnedoe was found deceased inside the residence.

Contentions

PLAINTIFFS' CONTENTIONS: Plaintiffs alleged Sheriff's Deputies improperly deployed tear gas into Varnedoe's home, causing his death. Specifically, plaintiffs claimed the burn safe feature failed, causing the fire to ignite and grow, and ultimately causing the wrongful death of Varnedoe.

DEFENDANTS' CONTENTIONS: Defendants denied the contentions and claimed their actions were reasonable.

Result

The parties reached a settlement. The County of Los Angeles agreed to pay $1.25 million to plaintiffs to settle the claims.


#130858

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390