Case details
Defense: Officer appropriately responded to approaching man
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
death, gunshot wound
FACTS
In the early morning hours of Feb. 9, 2016, plaintiffs’ decedent Gustavo Najera, 22, was at Sage Park, in Anaheim, when he encountered a police officer with the city of Anaheim, German Alvarez. Alvarez was responding to a call of a suspicious man turning door knobs and ringing door bells at a nearby apartment complex just before midnight on Feb. 8, 2016. Upon encountering Najera, Alvarez told him to leave the park. However, when Najera walked toward Alvarez’s squad car while shining a flashlight at the vehicle, Alvarez opened fire. Najera sustained a fatal gunshot wound and died. According to the autopsy, Najera had amphetamine, methamphetamine and marijuana in his system. The decedent’s parents, Alejandro Najera and Maria Magdalena Pliego, acting individually and on behalf of their son’s estate, sued Alvarez and Alvarez’s employer, the city of Anaheim. The decedent’s parents alleged that Alvarez used excessive force in violation of the decedent’s civil rights. Alvarez claimed he told the decedent the park was closed, to which the decedent allegedly said, “I hate cops,” and hurled sand at the squad car. Defense counsel contended that Alvarez could not see the decedent’s right arm as he approached the police car and that the decedent appeared to be concealing it on purpose. Counsel argued that since Alvarez was in fear of the decedent approaching the squad car, Alvarez fired his weapon in self-defense., Najera, 22, sustained a gunshot wound and died. He was survived by his parents, Alejandro Najera and Maria Magdalena Pliego. The decedent’s parents sought recovery of wrongful death damages for the loss of their son.
COURT
United States District Court, Central District, Santa Ana, CA
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