Raul Lopez v. City of West Covina
Published: Jan. 30, 1999 | Result Date: Dec. 11, 1998 | Filing Date: Jan. 1, 1900 |Case number: CV978630 Verdict – $0
Judge
Court
USDC Central
Attorneys
Plaintiff
Defendant
David D. Lawrence
(Lawrence, Beach, Allen & Choi PC)
Experts
Plaintiff
Frank H. Saunders
(technical)
Defendant
Martin L. Fackler
(medical)
Robert W. Taylor
(technical)
Ronald M. McCarthy
(technical)
Facts
On Feb. 16, 1997, at approximately 1 a.m., plaintiff Raul Lopez, a 26-year-old dental appliance technician, was arrested by defendant West Covina police officers for being under the influence of cocaine. He was released from jail in the early morning. At approximately 5:30 p.m., the West Covina Police Department received a telephone call of a suspicious person lying in the reporting party's front yard. An officer responded, spoke to the plaintiff and the plaintiff stuck his hand inside of his jacket. Two additional officers responded to the scene. The plaintiff refused to comply with numerous commands to show his hands and to get on the ground. The plaintiff briefly held his hands in the air and then returned his left hand inside his jacket, turned in the direction of two of the officers, raised his right arm and pulled a black object from under his jacket. Two of the officers fired 16 rounds at the plaintiff, striking him four times. The black object is believed to have been a pager. The plaintiff brought this action against the defendant based on the federal civil rights act, battery and negligence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $1 million. The defendant made an offer of $25,000.
Injuries
The plaintiff suffered four bullet wounds, one through-and-through wound in the right chest, another through-and-through wound through the right thigh, one wound to the right buttocks and one wound to the right lower leg shattering the tibia.
Other Information
The verdict was reached approximately one year and three months after the case was filed. A settlement conference was held on Nov. 12, 1998, before Magistrate Judge Rosalyn M. Chapman resulting in no settlement.
Deliberation
two hours
Poll
8-0
Length
two weeks
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