Sierra Granados, an individual, and as guardian ad litem for Elijah Correa, a minor v. City of Gilroy Police Department and Does 1 through 50
Published: Mar. 24, 2023 | Result Date: Dec. 7, 2022 | Filing Date: Feb. 23, 2022 |Case number: 5:22-cv-01116-BLF Settlement – $175,000
Judge
Court
USDC Northern District of California
Attorneys
Plaintiff
David R. Shane
(Shane Law)
Defendant
Noah G. Blechman
(McNamara, Ambacher, Wheeler, Hirsig & Gray LLP)
John J. Swafford
(McNamara, Ambacher, Wheeler, Hirsig & Gray LLP)
Facts
In 2021, Sierra Granados and her son, Elijah Correa, were residents of Gilroy, California. On June 5, 2021, officers with the City of Gilroy Police Department were involved in a vehicle pursuit of a suspect that ended on the street near Granados's residence. The pursuit continued on foot, and Granados stepped outside while holding Correa to observe the scene. A police canine unit was deployed to pursue the fleeing suspect, but instead the canine allegedly attacked Correa. Granados filed suit on behalf of herself and as guardian ad litem for Correa against the City of Gilroy Police Department.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs contended that a vehicle pursuit ended near their residence; that they were drawn outside because of the lights and sirens associated with the pursuit; that, while the plaintiffs were observing the pursuit from their property, the defendants deployed a police canine off leash; instead of pursuing the suspect, plaintiffs contended the canine unit attacked Correa as his mother held him; that Correa was injured by the attack and was taken to the hospital via ambulance; that the minor plaintiff was treated for lacerations, has potentially permanent scarring, suffered from emotional trauma, and exhibits a fear of dogs that was previously unknown; that the plaintiffs had not been charged with any crime; that the defendants illegally detained the plaintiffs through use of the canine; that the defendants used unreasonable and excessive force; that the defendants had falsely arrested or imprisoned the plaintiffs; that the defendants had committed battery; that the defendants were negligent; and that the defendants were liable for damages caused by the police dog.
DEFENDANT'S CONTENTIONS: The defendant denied any wrongdoing or liability and all the plaintiffs' material allegations.
Result
The parties reached an agreement wherein the defendant admitted no wrongdoing or liability but agreed to pay $175,000 to settle plaintiffs' claims.
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