Facts

Adrian Vivas filed a lawsuit against the County of Riverside claiming excessive force in connection with an officer-involved shooting.

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that the shooting was excessive and unreasonable because Vivas was unarmed and did not pose an immediate threat of death or serious bodily injury to any person at the time of the shooting. Plaintiff maintained the following claims for relief at the time of the mediation: excessive force pursuant to 42 U.S.C. Section 1983; denial of Medical Care pursuant to 42 U.S.C. Section 1983; Municipal Liability pursuant to 42 U.S.C. Section 1983 and Monell, including failure to train, ratification, and unconstitutional custom, practice and policy; battery; negligence, including negligent use of force and negligent pre-shooting tactics; violation of the Bane Act (California Civil Code Section 52.1).

DEFENDANT'S CONTENTIONS: Defendants denied plaintiff's allegations in their entirety.

Deputy Lopez claimed that he thought Vivas was reaching for his waistband at the time that he shot him and that he saw a dark object in Vivas' hand just before he shot.

Injuries

As a result of shooting, plaintiff Adrian Vivas suffered serious physical injuries, including paralysis. Vivas' injuries from the shooting also reduced his earning capacity.

Result

The case settled for $8,500,000 at mediation.

Other Information

MEDIATOR: Rick Copeland, Conflict Solutions Services.