Case details

Family claimed man was facing away from officers when shot

SUMMARY

$140000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
death, gunshot wound
FACTS
On April 7, 2016, plaintiffs’ decedent Luis Gongora Pat was confronted by Sergeant Nathaniel Steger and police officer Michael Mellone at an encampment near the intersection of 18th and Shotwell streets, in San Francisco, where Gongora Pat lived. Prior to the confrontation, homeless outreach workers called 9-1-1 to report a man with a large knife acting bizarrely, and in a threatening and angry manner. Mellone and Steger arrived at the scene and confronted Gongora Pat. They ultimately fired their weapons, shooting Gongora Pat. He died at the scene. A toxicology report conducted by the medical examiner revealed large amounts of methamphetamine in Gongora Pat’s system. The decedent’s estranged wife, Fidelia del Carmen May Can, and his three adult children, Rosana Gongora May, Luis Gongora May and Angel de Jesus May, sued Steger; Mellone; and the officers’ employer, the city and county of San Francisco. The decedent’s family alleged that Steger and Mellone used excessive force in violation of Gongora Pat’s civil rights, causing his wrongful death. They also alleged that the city and county were liable for the officers’ actions. Plaintiffs’ counsel contended that Gongora Pat was facing away from the officers at the time of the shooting and that Steger and Mellone used excessive force in shooting Gongora Pat. The officers claimed that when they arrived at the scene, they saw Gongora Pat with a large knife and approached him. They also claimed that as they approached, they ordered Gongora Pat, in both English and Spanish, to drop the knife, but that Gongora Pat refused to do so. Mellone alleged that he attempted to shoot Gongora Pat with a bean-bag gun, to have him surrender the knife and submit to arrest, but that Gongora Pat refused. The officers further claimed that when they came to within approximately eight feet, Gongora Pat abruptly got up with the knife in a stabbing position and lunged toward one of them. They claimed that they both quickly backed away to avoid the charging Gongora Pat and shot him in self-defense. Defense counsel noted that numerous witnesses corroborated the officers’ version of events., Gongora Pat sustained gunshot wounds and died at the scene on April 7, 2016. He was survived by his estranged wife, Fidelia del Carmen May Can; his adult sons, Luis Gongora May and Angel de Jesus May; and his adult daughter, Rosana Gongora May. The decedent’s family sought recovery of wrongful death damages for the loss of Gongora Pat.
COURT
United States District Court, Northern District, San Francisco, CA

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