Isiah Murrietta-Golding, deceased through his successor in interest Christina Lopez, et al. v. City of Fresno, City of Fresno Police Chief Jerry Dyer, Fresno Police Sgt. Ray Villalvazo, and Does 1-10
Published: May 14, 2021 | Result Date: Apr. 26, 2021 | Filing Date: Mar. 6, 2018 |Case number: 1:18-cv-00314 AWI SKO Settlement – $4,900,000
Judge
Court
USDC Eastern District of California
Attorneys
Plaintiff
Michael J. Haddad
(Haddad & Sherwin LLP)
Julia Sherwin
(Haddad & Sherwin LLP)
Teresa D. Allen
(Haddad & Sherwin LLP)
Defendant
Scott W. Davenport
(Manning & Kass, Ellrod, Ramirez, Trester LLP)
Lynn L. Carpenter
(Manning & Kass Ellrod Ramirez Trester LLP)
Mildred K. O'Linn
(Manning & Kass, Ellrod, Ramirez, Trester LLP)
Anthony M. Sain
(Lewis, Brisbois, Bisgaard & Smith LLP)
Facts
In 2017, 16-year-old Isiah Murrietta-Golding and his brother were considered suspects in a deadly shooting. Police attempted to detain Isiah in a shopping center parking lot. While running away from the police, Isiah jumped over a fence and took approximately eight steps before he was shot in the back of the head by a police officer. Isiah had reached to pull up his pants but was unarmed. Isiah's parents brought claims against the City of Fresno, City of Fresno Policy Chief, and Fresno police Sergeant Ray Villalvazo alleging claims under 42 U.S.C. Section 1983 for violations of the First, Fourth, and Fourteenth Amendments, and state law claims.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs contended defendant Villalvazo violated Isiah's constitutional rights by using deadly force. Plaintiffs also contended lethal force was not justified because Isiah was attempting to run away
and was unarmed. Simply pulling up his pants did not pose an immediate threat to justify deadly force. Plaintiffs also
contended defendants violated state law when the police officer shot Isiah in the back of the head.
DEFENDANTS' CONTENTIONS: Defendants contended that the shooting was justified because Isiah, a murder suspect, appeared to be reaching for a weapon and the officer reasonably believed his life was in danger. Defendants also asserted that the officer was entitled to qualified immunity.
Result
This case settled for $4,900,000.
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