R.B., a minor, by and through his guardian ad litem, Amber Murray; N.B., a minor, by and through her guardian ad litem, Amber Murray, in each case individually and as successor in interest to Rashawn Brown, deceased v. County of Los Angeles, Gregory Rodriguez, Dru Strong, and Does 1 through 10, inclusive
Published: Jan. 16, 2016 | Result Date: Oct. 14, 2015 | Filing Date: Jan. 1, 1900 |Case number: 2:14-cv-06637-FMO-AS Settlement – $90,000
Court
USDC Central
Attorneys
Plaintiff
Renee S. Valentine
(Law Offices of Dale K. Galipo)
Dale K. Galipo
(Law Offices of Dale K. Galipo)
Defendant
Antonio K. Kizzie
(Ivie, McNeill, Wyatt, Purcell, Diggs, APLC)
Elvin I. Tabah
(Tabah Law PC)
Rickey Ivie
(Ivie, McNeill, Wyatt, Purcell & Diggs, APLC)
Facts
On May 23, 2014, Rashawn Brown was fatally shot by County of Los Angeles Sheriff's deputies. His minor children filed suit against defendants the County of Los Angeles, Gregory Rodriguez, and Dru Strong.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that deputies pursued Brown as he was driving away from the intersection of North Bradfield and San Luis Street in the City of Compton. After Brown reached a dead end and exited his vehicle, the deputies continued to pursue him on foot, eventually fatally shooting him in the back several times, as he was running away. Plaintiffs claimed that Brown did not pose an immediate threat of death or serious bodily injury to anyone at the time of the shooting, and therefore the shooting was unjustified.
Plaintiffs brought civil rights claims under 42 U.S.C. Section 1983 and alleged false arrest/false imprisonment, battery (wrongful death) and negligence (wrongful death).
DEFENDANT'S CONTENTIONS:
The county contended that Brown was a gang member who was suspected of committing a drive-by shooting and drove in a fast and reckless manner after seeing the deputies. It claimed that Brown was not shot in the back and that he shot at the deputies while he was attempting escape. It sought to dismiss the complaint on collateral estoppel grounds based on a prior dismissed lawsuit.
Result
The County of Los Angeles settled with plaintiffs for $90,000.
Other Information
FILING DATE: Aug. 27, 2014.
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