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Civil Rights
Excessive Force
Wrongful Death

Donneley Rabot, Desiree Rabot, Daphne Rabot and Danelle Rabot v. County of Los Angeles

Published: Sep. 15, 2023 | Result Date: Aug. 9, 2022 | Filing Date: Nov. 19, 2020 |

Case number: 2:20-cv-10562 GW (JCx) Settlement –  $875,000

Judge

George H. Wu

Court

CD CA


Attorneys

Plaintiff

Dale K. Galipo
(Law Offices of Dale K. Galipo)

Marcel F. Sincich
(Law Offices of Dale K. Galipo)


Defendant

Paul B. Beach
(Lawrence, Beach, Allen & Choi PC)

Raymond W. Sakai
(Lawrence, Beach, Allen & Choi, PC)


Facts

This is a civil rights case involving an encounter between decedent Dominador Rabot and County of Los Angeles Probation Department Officers Antonio Canul, Aldin Tatley, William Michel, and Glenda Phillips-Smith on August 22, 2019.

The Defendant Probation Officers had a warrant for the arrest of Dominador Rabot for a probation violation and were required to search his home for firearms and ammunition as a condition of probation. Defendants developed a tactical plan and briefed all members of the team on all pertinent information, including Mr. Rabot's criminal history.

Upon arrival at the Rabot home, Officers knocked on the front door and attempted to communicate with Mr. Rabot. When the primary officer believed there may have been a language barrier, he requested that another officer attempt to communicate with Mr. Rabot in Tagalog to explain the situation and de-escalate. When it became apparent to the officers that Mr. Rabot would not open the front door and allow the officers to execute their warrant, other officers maneuvered through the garage to the back of the house where there was an opening to the house due to it being under construction.

The officers in the back of the house moved a piece of drywall out of the way and made entry into the home, announcing their presence and giving Mr. Rabot commands. Instead of complying with officer commands, the officers claimed that Mr. Rabot grabbed two knives and charged at the officers saying, "Fuck you, shoot me, kill me!" Officer Canul fired five shots at Mr. Rabot when he was approximately eight to ten feet away.

Contentions

PLAINTIFFS CONTENTIONS: Plaintiffs alleged that the use of force against Mr. Rabot was excessive and unreasonable, particularly because he was in his own home and the officers forced entry in violation of policy and their tactical plan. Further, Mr. Rabot's son, Donneley Rabot, heard the commotion of the officers making entry, got out of bed and opened the door to his bedroom. At that time, Donneley saw that his father was attempting to enter his room when he saw Officer Canul shoot his father. Plaintiffs maintained the following claims for relief: unlawful entry, unreasonable detention, excessive force, denial of medical care, denial of familial relationship, unconstitutional policy, inadequate training, ratification, false arrest, battery, negligence, negligent infliction of emotional distress, and violation of the Bane Act.

DEFENDANT CONTENTIONS: Defendants contended that Mr. Rabot resisted their efforts to negotiate him out of the house, and upon entry into the house, violently attacked the officers with two sharp bladed objects raised about his head. Because of this, Defendants contended that the use of deadly force was appropriate.

Injuries

As a result of the incident, Mr. Rabot sustained several fatal gunshot wounds before he lost his life. Further, Mr. Rabot's son, Donneley Rabot, suffered severe emotional distress as a result of seeing his father being shot and killed.

Result

The case settled for $875,000.


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