Case details
Defense: Unarmed man did not show hands after commands
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
chin, dental, disfigurement, face, fracture, fractured teeth, head, headaches, jaw, nose, scar
FACTS
On the morning of Jan. 18, 2013, plaintiff Raymond Goodlow, a black man in his mid-50s, was riding his bicycle on the sidewalk of East Main Street in El Cajon. The City of El Cajon Municipal Code prohibits the riding of a bicycle on a sidewalk, so when Office Robert Bonilla, who was on routine patrol, saw Goodlow, he activated the emergency lights on his marked patrol car, chirped his siren and gestured to have Goodlow stop his bicycle. However, Goodlow refused to stop and, instead, pulled his bicycle into a used car lot, where he crashed his bicycle into one of the parked cars. Bonilla subsequently pulled his car into the lot and exited his vehicle with the intent to chase and detain Goodlow. Bonilla then drew his Glock .40 caliber handgun, and ordered Goodlow to go down to the ground and show his hands. When Goodlow did not follow Bonilla’s commands, Bonilla fired his gun, but missed. Goodlow and Bonilla then moved around and between a row of cars on the lot, and part of their movement was caught on the patrol car’s dash camera. Bonilla ultimately fired a total of six shots, hitting Goodlow twice in the left side of his face. It was ultimately determined that although Goodlow did not have a gun, he was carrying two knives, both of which were recovered from his pants pockets after the shooting. Goodlow sued Bonilla and Bonilla’s employer, the city of El Cajon. Goodlow alleged that the defendants’ actions constituted violations of his civil rights, as well as a violation of his Fourth Amendment right to be free of unlawful seizure and excessive force. Goodlow claimed that he pulled his bicycle into the used car lot so that he would have a witness to the police harassment. He also testified that he only moved around the lot to try to avoid being shot by Bonilla. In addition, Goodlow, who was wearing three hoodies at the time of the incident, all of which covered the waistband area of his jeans, denied reaching into his waistband area during the incident. Defense counsel contended that, unbeknownst to Bonilla, Goodlow was a Fourth Amendment Waiver, as he was on probation and had a duty to stop for the officer, regardless of the reason for the stop. Counsel also contended that, unbeknownst to Bonilla, Goodlow had smoked methamphetamine that morning. Bonilla claimed that when Goodlow refused to stop, he followed Goodlow into the used car lot and exited his car with the intent to chase Goodlow and detain him. However, he claimed that about half way to Goodlow, he saw Goodlow reach into his waistband area and appear to take cover behind a car. Thus, he claimed that he feared that Goodlow was about to retrieve a gun from his waistband area. Bonilla alleged that as a result, he drew his handgun and ordered Goodlow to go down to the ground and show his hands, but that he would not do so, despite seeing his gun and hearing the command. Bonilla also alleged that Goodlow then faced him, acted aggressively, continued to reach into his waistband area, and move his arms with a “pulling motion” while continuing to use the cars for cover. He claimed that it was only at that time, after issuing several more commands to show his hands, that he fired his gun at Goodlow. Pre-trial in limine rulings allowed defense counsel to present the fact that Goodlow was under the influence of methamphetamine at the time of the shooting and impeach Goodlow with a few felonies and a misdemeanor conviction for welfare fraud. Also, Goodlow was in prison (for an unrelated felony drug conviction) at the time of his deposition and was impeached at trial with video excerpts of his deposition testimony, which he gave while he was wearing his orange prison clothes. In addition, defense counsel presented some dash cam video, which allegedly showed Goodlow’s hands in and around his waistband area while Bonilla was pointing his gun at him., Goodlow sustained two gunshot wounds to his face. Both bullets entered his left cheek and exited the right side of his face. As a result, his left jaw was fractured and most of his lower teeth were shot out, as well as his complete set of upper dentures. Goodlow survived the shooting and was subsequently taken by ambulance to Sharp Memorial Hospital, in San Diego, where he spent a little less than a month recovering. Goodlow is left with residual scarring from the repairs to the cheek and neck area. He also complained of ongoing numbness in his chin area and occasional headaches. At the time of trial, Goodlow had not had his upper dentures replaced and he had not had any repair done to his lower jaw to deal with his missing lower teeth. The plaintiff’s treating plastic surgeon testified that Goodlow will require additional scar revision surgery. The surgeon also testified that the scar revision surgery had a reasonable value of between $4,000 and $5,000. Thus, Goodlow sought recovery of approximately $57,000 in paid medical costs and between $4,000 and $5,000 for his future medical costs. He also sought recovery of damages for his past and future pain and suffering. In addition, Goodlow sought punitive damages against Bonilla.
COURT
United States District Court, Southern District, San Diego, 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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