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Civil Rights
Excessive Force
Police Misconduct

Robert Contreras v. City of Los Angeles, et al.

Published: Oct. 20, 2012 | Result Date: Sep. 21, 2012 | Filing Date: Jan. 1, 1900 |

Case number: 2:11-cv-01480-SVW (SHx) Verdict –  $5,700,000

Court

USDC Central


Attorneys

Plaintiff

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


Defendant

Craig J. Miller
(Office of the Los Angeles City Attorney)


Facts

In September 2005, several officers on patrol in South Los Angeles responded to a report of a shooting. When they arrived, witnesses pointed to a white van speeding away and said the people inside had fired a volley while driving by the area. The police officers pursued, at which point three men inside the van jumped out and scattered.

Officer Mario Flores and Detective Julio Benavides chased one of the suspects, Robert Contreras, into a dark driveway. When Contreras turned towards them with an object in his hand, the officers opened fire. Contreras was hit multiple times. He had been holding a cell phone. While the officers claimed Contreras had a gun, an extensive search of the area found no weapon.

Contreras was left a near-quadriplegic with some use of his arms. He was convicted for his role in the shooting and sentenced to seven years in state prison. After being released on parole, he filed a federal lawsuit against the City, arguing that the officers used excessive force and violated his civil rights.

During the trial, lawyers for the City were unable to tell the jurors that Contreras had been convicted in the drive-by, that he was a known gang member, or that another man in the van had told investigators that Contreras had a gun when he got out of the van.

Result

The jury unanimously ruled in favor of Contreras and awarded him $5,700,000.


#91902

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