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Civil Rights
Police Misconduct
Excessive Force

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

Carlos Moreno

Court

USDC Central


Attorneys

Plaintiff

Eugene Osko

Rocky Lee Crabb


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


#93971

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