Javier Perez, Yesenia Perez, Estela Perez v. City of Escondido, et al.
Published: Apr. 13, 2004 | Result Date: Nov. 19, 2003 | Filing Date: Jan. 1, 1900 |Case number: 01CV0410BJMA Verdict – $0
Judge
Court
USDC Southern District of California
Attorneys
Plaintiff
Defendant
Facts
Plaintiff Javier Perez, a 16-year-old, was extremely drunk and high on methamphetamine when he mistakenly dialed 911. In a recorded conversation, the dispatcher called the number back, kept the plaintiff on the telephone for 25 minutes, misled him into believing he was talking with a neighbor, told him his girlfriend was outside but never told him the police were at his house. In a conversation with the dispatcher, he stated he was "tweaking" and "drinking" and had a loaded gun. City of Escondido officers arrived at his home. Plaintiff ignored the dispatcher's instructions to leave the gun inside the house and walk out into the dark while still on the phone with dispatch. Eight officers were on the scene, had removed lights from plaintiff's home and neighbors' homes and never identified themselves as police. When an officer shone a flashlight on him, plaintiff raised his gun. He was shot in the chest and foot. Plaintiff then stated, "It's a BB gun." The BB gun was a very real-looking replica of a .45 caliber handgun.
Settlement Discussions
Plaintiff made a demand of $2 million. Defendant's offer was waiver of costs and attorney fees.
Injuries
Plaintiff suffered a stroke due to severe sudden blood loss. He also alleged severe cognitive deficits. His mother and sister claimed emotional distress.
Result
The jury returned a defense verdict.
Other Information
The court declined to allow expert testimony during trial, including issues of identity and warning.
Deliberation
1.5 hours
Length
2.5 days
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