Case details
Allegedly unarmed man shot by officers
SUMMARY
$5725000
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
back, foot paralysis, gunshot wound foot, heel, paralysis, quadriplegia
FACTS
In September 2005, plaintiff Robert Contreras, 19, fled a van with three other men after having exchanged gunfire with a rival gang. Officers in South Los Angeles responded to the report of a nearby shooting and chased the van. After a short pursuit, the occupants of the van jumped out and fled in different directions. Subsequently, Contreras was approached in a dead-end alley by Los Angeles Police Officers Mario Flores and Julio Benavides. Contreras was ultimately shot by the officers. Contreras sued Flores, Benavides and their employer, the city of Los Angeles. He alleged that the officers violated his civil rights in their use of excessive force. The city was later removed from the case. Contreras claimed the officers chased him and opened fire without warning or provocation, resulting in multiple shots to his foot, side and back. He contended that the force used was excessive because he was unarmed. Flores and Benavides claimed that Contreras turned toward them with an object in his hand, so they believed he was pointing a gun at them and opened fire. Defense counsel contended that the officers told investigators afterward that they had seen a gun in Contreras’ hand as he fled into the dead-end. However, after an extensive search of the area by the department, no weapon was ever found., Contreras was shot in the foot, back and side. He was immediately hospitalized and required multiple surgeries. Contreras claimed that he will never walk again, but may regain some use of his arms. Plaintiff’s counsel contended that Contreras was a healthy 19 year old prior to the shooting, but that he now requires 24-hour care. Contreras was sentenced to seven years in a plea deal for his part in the drive-by shooting. He filed this lawsuit after his release from prison. He is currently 26 years old and has regained partial use of one arm. Thus, Contreras sought recovery of damages for medical expenses and past and future pain and suffering. Defense counsel disputed the amount of life care alleged and contended that Contreras would only require six to eight hours per day for his care.
COURT
United States District Court, Central District, Los Angeles, CA
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