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
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.
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