Case details
Defense argued detectives shot suspect in self-defense
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
bodily injury, chest, head, neck, sustained gunshot wounds left shoulder
FACTS
On June 24, 2010, plaintiff Emmanuel Bracy, 21, left a check-cashing business at the 12900 block of Foothill Boulevard, in San Fernando. Bracy, who was suspected of armed robbery of several check-cashing businesses, was being surveilled by Detectives Carl Worrell, Donald Walthers, Richard Guzman, and Randy Rico, of the Los Angeles Police Department’s Special Investigation Section (SIS). As a result, the four SIS detectives followed Bracy from the check-cashing business in San Fernando to his residence. After Bracy parked his vehicle in front of his home, he was shot multiple times by members of the SIS unit. Bracy survived the shooting, but was left partially paralyzed. He was arrested and charged with robbery with a firearm. Bracy was ultimately convicted and sentenced to prison. Bracy sued Worrell; Walthers; Guzman; Rico; and the detectives’ employer, the city of Los Angeles. Bracy alleged that the detectives violated his civil rights by using unjustified, excessive, deadly force against him. He also alleged that the city was vicariously liable for the actions of its police officers, who were engaged in the course and scope of their employment at the time of the shooting and for the actions of the SIS, an elite, anti-robbery division of the LAPD. Bracy acknowledged that a firearm was in his vehicle at the time of the shooting, claiming that a revolver was hidden behind the air conditioning control panel of the front dash board in his car. However, he maintained that he never took out the gun or pointed it at any of the officers at the scene. Bracy claimed that, instead, both of his arms were raised in the air and that he was not carrying a weapon anywhere on his person both prior to and during the time of the shooting. He also claimed that he posed no reasonable or credible threat of violence to the officers who shot him. In addition, he claimed that he made no aggressive movements, furtive gestures, or physical movements that would have suggested to a reasonable police officer that he was armed with any kind of weapon, or that he had the will and/or ability to inflict substantial bodily harm against any individual prior to or during the time of the shooting. The plaintiff’s police force expert opined that the officers who shot Bracy were not faced with any circumstances that would have led a reasonable police officer to believe Bracy posed the risk of death or serious bodily injury to any person. He further opined that the detectives’ tactics were improper and that the LAPD could have adapted a better containment strategy. Defense counsel argued that the use of deadly force upon Bracy was justified because Bracy was suspected of robbing a check-cashing business. Counsel contended that Bracy was observed exiting the check-cashing business, running to his vehicle in a parking lot, and driving quickly away. Counsel also contended that an employee of the check-cashing business confirmed that the business had just been robbed and that the suspect was armed with a gun. In addition, counsel contended that the SIS unit followed Bracy, who drove home to his residence and pulled over to the curb. Thus, defense counsel argued that the SIS unit believed that Bracy was about to exit the vehicle, so the detectives initiated a vehicle containment technique, during which Guzman drove his patrol vehicle directly behind Bracy’s car while Worrell pulled his vehicle in a 45-degree angle next to the driver’s side of Bracy’s vehicle and another detective pulled directly in front of Bracy’s vehicle. Worrell claimed that he then saw a hand gun in Bracy’s right hand and that Bracy pointed the gun toward his driver’s side window. Worrell claimed that as a result, he immediately yelled, “Gun!” and then heard one of two rounds being fired from a shotgun. Defense counsel argued that California law permits the use of deadly force in self-defense or in defense of others, if it reasonably appears to the person claiming the right of self-defense or the defense of others that he actually and reasonably believed he or others were in imminent danger of great bodily injury or death. Thus, defense counsel argued that the police officers, in fear of their lives and the lives of fellow officers, responded with reasonable deadly force under the circumstances., Bracy was shot multiple times by members of the SIS unit and sustained gunshot wounds to his left shoulder, chest, head, and neck. Bracy was subsequently transported to Providence Holy Cross Medical Center, in Mission Hills, but he was ultimately rendered paralyzed in his lower extremities. Thus, Bracy sought recovery of unspecified compensatory and punitive damages.
COURT
United States District Court, Central District, Los Angeles, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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