Facts

On July 2, 2016, plaintiffs' decedent Fermin Valenzuela, Jr., 32, was approached by Anaheim Police Officers, Daniel Wolfe and Woojin Jun. The officers were responding to a 911 call from a woman reporting that a man had followed her mother home. Officers contacted the man (later identified as Fermin Vincent Valenzuela). The officers claimed they heard the sound of a meth pipe breaking and observed a screwdriver in his bag. Officer Wolfe ordered Valenzuela to stop and put his hands behind his back, but Valenzuela refused. A struggle ensued as the officers attempted to take Valenzuela down. During the struggle, Valenzuela was tasered, punched, kicked, stuck with a baton, and subjected to various neck restraints. Valenzuela broke free at some point and fled with the officers following him. The officers suspected Valenzuela was high on methamphetamine. Eventually, Valenzuela was rendered unconscious when an officer applied a neck restraint. Valenzuela was taken to the hospital, where he died eight days later. Plaintiffs, Valenzuela's minor son and minor daughter sued Officer Wolfe, Officer Jun, Sergeant Gonzalez, and the City of Anaheim.

PLAINTIFFS' CONTENTIONS: Plaintiffs alleged that Officers Wolfe and Jun used excessive force in violation of Valenzuela's civil rights, and under Sergeant Gonzalez' supervision. Plaintiffs' contended Valenzuela was unarmed and not a threat.
Plaintiffs' also contended the City failed to train its officers properly in the use of neck restraints. Plaintiffs' contended that Wolfe used an "air chokehold" that blocked Valenzuela's airway, which is only appropriate when deadly force is necessary. Plaintiffs' noted Valenzuela repeatedly said he could not breathe during his struggle with police.

DEFENDANTS' CONTENTIONS: Defendants contended that the officers' use of force was reasonable and justified to protect the public and take Valenzuela into custody. Defendants contended that Valenzuela acted erratically, and with superhuman strength as a result of being under the influence of methamphetamine.

Defendants argued that the neck restraint did not cause or contribute to Valenzuela's death. Defendants further argued that Valenzuela died as a result of his chronic use of methamphetamine, combined with an enlarged heart and prolonged struggle with the officers. It was undisputed that Valenzuela had methamphetamine in his system at the time of the encounter.

Damages

The plaintiffs sought $34 million in damages. Defense counsel introduced into evidence more than 15 arrests and convictions, including drug convictions and domestic violence against the mother of decedent's own children. The defense showed a history of more than 15 incarcerations during the life of the plaintiff/children, and argued that decedent was not available to provide love, comfort, care, guidance and protection to his children, the plaintiffs.

Injuries

Valenzuela became unresponsive and paramedics took him to a hospital, where he was taken off of life support eight days later. Plaintiffs Vincent Valenzuela and Ximena Valenzuela, Fermin Valenzuela's minor children, sought recovery for wrongful death damages for the loss of their father.

Result

The jury found that the Officers used excessive force, violated Valenzuela's constitutional rights, and caused his death. They found that the Anaheim Police Department maintained an unlawful and unconstitutional policy, custom and practice relative to their use of the neck restraint and carotid hold. The jury further found that the officers committed a battery upon Valenzuela; and were negligent. Regarding apportionment (for the negligence cause of action), the jury found only 15 percent comparative fault against Mr. Valenzuela. The jury awarded Vincent Valenzuela and Ximena Valenzuela $13.2 million.