Facts

On Feb. 19, 1021, in Temple City plaintiff Adrian Abelar and his girlfriend were seated in plaintiff's Mazda awaiting repair parts and playing games on their phones. The owner of a nearby store phoned the Temple station desk asking to send deputies to remove plaintiff, falsely reporting that plaintiff told him he had an outstanding murder warrant. The call went out as a business disturbance and Deputy Liu and his FTO (Field Training Officer) Vu Bui responded an hour later and contacted the owner who repeated the claim of the murder warrant. Liu approached the Mazda and asked Abelar to exit to confirm ID. Abelar had a pistol in his shorts pocket which he threw away coming out. The pistol landed 15 feet away. Liu, then shouted "he's got a gun, gun." Bui came over the from passenger side, along with third deputy Elizabeth Tarin to the driver's side, guns ready to fire. Liu took Abelar to the ground, unholstered his own gun and fired one round in Abelar's back, who was face down, unarmed, and submitting. Neither Bui nor Tarin fired their weapons or appeared to be shocked by Liu's use of deadly force. Body Worn Cameras captured the entire shooting.

Abelar was ultimately released with no charges. The officer-involved shooting investigation remains open to this day. No report was made to the DA's office. Liu was permitted to complete training and continues to be assigned to duties.

Plaintiff's motion for summary adjudication of excessive force denied notwithstanding undisputed video/audio evidence.

PLAINTIFF'S CONTENTIONS: Liu saw Abelar had thrown his pistol before the take down and was clearly unarmed when he unholstered and fired. Lethal force was unjustified and qualified immunity is inappropriate because the shooting violated clearly established law.

DEFENDANT'S CONTENTIONS: Liu contended that he believed plaintiff was still armed and a threat, and did not see whether his hands were free of the gun.

Insurer

COLA and Contract Cities are self insured.

Settlement Discussions

The paries mediated with Richard Copeland. Plaintiff demanded $2 million three weeks before trial.

Specials in Evidence

Meds: $200,000

Injuries

Plaintiff suffered three fractured lumbar vertebrae, three fractured ribs, and bruises to his right lung, exiting at the shoulder surface. Abelar was not killed or crippled. He was taken to the ER and remained at the hospital for 27 days.

Result

The case settled for $700,000.