Facts

Minors Christine Villegas, Ricezen Villegas, and Daniel Villegas, by and through her Guardian ad Litem, Miguel Villegas, and the Estate of Bernie Villegas sued City of Anaheim, Anaheim Police Department, John Welter, and Doe Officers, in connection with Bernie Villegas' death.

Plaintiffs are the surviving minor children of the decedent.

PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged that on Jan. 7, 2012, near midnight, their father was in the parking lot behind the apartment where he lived, talking with his friends when suddenly, SWAT officers surrounded them. The decedent had a BB gun, a present for his son, in his person at the time. Then, suddenly, and without warning, the SWAT officers that surrounded them, shot several rounds at the decedent, killing him. Plaintiffs alleged that the decedent never displayed the weapon or used the weapon on anyone, and that the officers did not give a warning prior to shooting.

Plaintiffs then sued defendants, and asserted claims for wrongful death, negligence, negligent hiring, retention and training, deprivation of civil rights under color of law, and deprivation of civil rights under color of law under Monell.

DEFENDANTS' CONTENTIONS:
Defendants contended they were responding to a report of a suspected drug dealer with a shotgun outside an apartment complex, when they encountered an individual holding a long-barrel gun. Defendants claimed that after decedent refused repeated commands to drop his weapon and then lifted the gun off the ground, defendant Officer Nick Bennallack fired five rounds at decedent, striking and killing him.

Bennallack claimed he had to make a split-second decision whether decedent was attempting to shoot him and the other police officers. Bennallack made the decision that decedent posed such a threat, so he shot decedent to protect himself and his fellow officers.

Result

The court granted defendants' motion for summary judgment. As such, the district court issued a judgment in favor of defendants and against plaintiffs.

Other Information

FILING DATE: Nov. 19, 2012.