Facts

On Dec. 18, 2019, Deputy Bejarano interacted with Anthony Urrea Garcia when he intended to serve an arrest warrant on Garcia. During this time in Garcia's life, he resided at a homeless camp. Deputy Bejarano ultimately did not serve the arrest warrant on Garcia. On Dec. 19, Deputy Bejarano and Deputy Kristenson sought out Garcia. After initially fleeing from the deputies, Garcia was apprehended in a bypass tunnel. Deputy Bejarano then proceeded to assault Garcia by bashing his head against the tunnel's concrete floor.

Garcia suffered multiple blunt force trauma to his head and a traumatic brain injury. Deputy Bejarano claimed that Garcia suffered a head injury by falling and striking the back of his head on the concrete floor in the bypass tunnel. However, after taking plaintiff's treating ICU neurosurgeon's deposition, the surgeon testified that Garcia's head trauma was inconsistent with a ground-level fall and more consistent with multiple blunt force trauma etiology.

PLAINTIFF'S CONTENTIONS: Plaintiffs alleged that the use of force against Garcia was excessive and unreasonable because he was not resisting arrest after being apprehended in the bypass tunnel. Deputy Bejarano struck Garcia and Garcia did not attempt to strike any deputy.

Injuries

Garcia suffered serious bodily injuries, including a traumatic brain injury, subarachnoid hemorrhage, acute respiratory failure, and occipital and temporal skull lacerations and hematomas. Garcia was hospitalized from Dec. 12, 2019 to Jan. 8, 2020 at Riverside Community. He was then transferred to a brain rehabilitation facility at Kindred Ontario from Jan. 8, 2020 to Feb. 10, 2020.

Result

The case settled for $950,000.