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Civil Rights
ADA
Assault and Battery

Eduardo Armas v. County of Los Angeles, Jeremy Draper, Michael Espinosa, Vincent Ortiz, and Does 1 through 50, inclusive

Published: Oct. 10, 2015 | Result Date: Mar. 4, 2015 | Filing Date: Jan. 1, 1900 |

Case number: 2:14-cv-01356-JAK-AGR Settlement –  $500,000

Court

USDC Central


Attorneys

Plaintiff

Sally Anne Cox

Shannon C. Whitman


Defendant

Rodney S. Diggs
(Ivie, McNeill, Wyatt, Purcell & Diggs)

Rickey Ivie
(Ivie, McNeill, Wyatt, Purcell & Diggs, APLC)


Facts

Eduardo Armas sued the County of Los Angeles, Jeremy Draper, Michael Espinosa, and Vincent Ortiz, in connection with an officer-involved shooting.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff suffered a spinal cord injury in 1993 that rendered him disabled and which required the need of a wheelchair for mobility. Plaintiff claimed that on Feb. 26, 2012, Deputy Jessica Loney allegedly pulled plaintiff over for driving "at a snail's pace." Plaintiff pulled over as soon as he noticed the flashing lights behind him. Then, when he came to a stop, he noticed defendant Deputy Draper point a gun at him. Draper was yelling orders at him, but, because of his disability, he struggled to comply. Plaintiff told the deputies he was disabled several times, but they seemingly ignored him. Then, as he showed his handicapped placard outside his driver's window, he was met with gunfire. Plaintiff alleged Deputy Draper shot him twice before his gun jammed. The deputy immediately replaced his gun with a fresh magazine and continued firing.

Plaintiff alleged all this happened after he had dropped the standard issued placard on the ground. Plaintiff further alleged that although there was a helicopter overhead, the deputies heard him proclaim he was disabled. Further, there were at least 11 responding officer at the scene, some of whom even broke the rear window of his vehicle. Plaintiff alleged the shooting was motivated by his handicap and the color of his skin tone.

Plaintiff therefore asserted causes of action for violation of civil rights under color of state law, interference with lawful exercise of civil rights, violation of Americans with Disabilities Act, interference with the rights of a disabled individual, assault and battery, intentional infliction of emotional distress, trespass to chattels and conversion, negligence, and municipal liability.

DEFENDANTS' CONTENTIONS:
Defendants issued a general denial and asserted various affirmative defenses.

Result

Armas reached a $500,000 settlement with the county.

Other Information

FILING DATE: Jan. 6, 2014.


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