Case details

Couple mistakenly shot during police investigation: lawsuit

SUMMARY

$275000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
fracture, hip, leg
FACTS
On Feb. 27, 2014, plaintiffs Henry Gonzales and Clara Castro were sleeping on a couch in their apartment on 64th Street, in Encanto, when officers from the San Diego Police Department’s narcotics unit were called to the apartment building on a search warrant. As the officers took their positions around the building, an officer positioned herself at a large living room window. The officer saw Gonzales reaching for his waistband, and she believed that Gonzales was motioning for a gun. The officer shot three rounds into the apartment. Gonzales was struck by a bullet in the left buttock, and Castro was struck by a bullet in her left leg. Gonzales was later found to have been wearing silver rings on his fingers, and no weapons were found in the apartment. Gonzales and Castro sued the officer’s employer, the city of San Diego. Gonzales and Castro alleged that the officer was negligent in her use of force in violation of their civil rights and that city was liable for the officer’s actions. Defense counsel contended that the officer acted appropriately, as she believed that Gonzales had a gun and feared that Gonzales would shoot her and her team., Gonzales and Castro were both taken to a hospital after the shooting. Gonzales sustained a gunshot wound to the left buttock, causing a fracture to his left hip. Castro sustained a gunshot wound to her lower, left leg, causing a fibula fracture to her left calf. Gonzales and Castro each sought recovery of damages for past and future pain and suffering.
COURT
Superior Court of San Diego County, San Diego, CA

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