Victor Reyes, individually and as successor-in-interest to Michael Lopez v. City of Torrance
Published: Oct. 23, 2020 | Result Date: Jun. 8, 2020 | Filing Date: Nov. 9, 2018 |Case number: 18STCV04484 Settlement – $200,000
Judge
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
Michael S. Carrillo
(Carrillo Law Firm LLP)
Luis A. Carrillo
(Carrillo Law Firm LLP)
Defendant
Mildred K. O'Linn
(Manning & Kass, Ellrod, Ramirez, Trester LLP)
Angela M. Powell
(Atkinson, Andelson, Loya, Ruud & Romo)
Facts
On October 14, 2017, Torrance police officers were in pursuit of Michael Lopez. While in pursuit, officers tried a pursuit intervention technique twice to force Lopez to lose control of his vehicle. Ultimately, the officers fired 23 gun shots at Lopez while he was in his vehicle, which eventually stopped on South Sepulveda Boulevard. Lopez died at the scene and his father, Victor Reyes, sued the City of Torrance for his son's death.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiffs contended that defendants used excessive force in pursuing Lopez. Plaintiffs contended that the excessive use of force was due to defendants' negligent training of their officers. Plaintiff contended that it was a low-speed pursuit, that Lopez did not hit any pedestrians or structures, and Lopez was unarmed and therefore, the officers were not justified in discharging 23 shots at him.
DEFENDANTS' CONTENTIONS: Defendants denied the contentions and contended that the PIT was used twice on plaintiff, who accelerated to speeds up to 85 mph after the first attempted PIT. Moreover, the high speeds on surface streets with multiple red-light violations suggested Lopez was under the influence, which further justified officers' actions at the scene. Lastly, defendants contended that Lopez revved his engine while his vehicle was facing defendants after the second PIT. As a result, defendants contended that their actions were taken in self-defense and the use of force was lawful.
Result
The parties agreed to a $200,000 pre-trial settlement that would be paid to plaintiff entirely by the City.
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