Case details

Officer claimed he shot plaintiff in self-defense

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
abdominal pain., back, colon, damage liver, frozen right shoulder, gallbladder, incontinence, neck, right arm, thumb, weakness
FACTS
On the evening of Dec. 15, 2012, plaintiff Ignacio Leon Jr., 30, a hardwood floor installer, was at his mother’s home, located at 506 E. Washington Avenue, in Santa Ana, when Santa Ana police officers David Garcia and Daniel Alcala responded to a call regarding “unknown trouble” at the premises. After the officers allegedly spoke with neighbors in the apartment complex’s front unit, Leon was reportedly seen running down the property’s driveway. The officers subsequently chased Leon on foot until he leaped over a cinder block wall and lost them. Leon was later discovered hiding behind a wooden fence. During the ensuing altercation, Leon was shot twice by Garcia. Leon sued Garcia and Garcia’s employer, the city of Santa Ana. Leon alleged that Garcia’s actions constituted excessive force, in violation of 42 U.S.C. 1983, and battery. He also alleged that the city was liable for Garcia’s actions. Leon claimed that he was fully compliant with Garcia’s commands, but that he lost his balance while following the command to place his hands up in the air against a wall. He alleged that as a result, Garcia shot him. Leon also disputed whether the officers spoke with nearby neighbors prior to the shooting. Garcia claimed that Leon was noncompliant, in that Leon was screaming profanities and refusing to show his hands. He also claimed that Leon climbed onto debris and threatened to kill him. Garcia alleged that as a result, he shot at Leon three times in self-defense, with only two bullets striking Leon. Defense counsel noted that Leon’s blood alcohol level at the time of his arrest was 0.11 percent. Thus, counsel argued that Garcia’s use of deadly force was reasonable given the circumstances., Leon sustained two gunshot wounds with one bullet entering through the right side of his chest and exiting through his back, and one bullet entering his right upper abdominal region. He was subsequently taken by ambulance to the shock trauma ward of a nearby hospital, where it was determined that he had sustained damage to his liver, gallbladder and colon. As a result, Leon’s gallbladder was surgically removed, along with a portion of his colon, and bullet fragments were removed during surgery. He remained hospitalized until Dec. 24, 2012. Leon claimed that following his discharge, he began to experience abdominal pain, incontinence, a frozen right shoulder, weakness to his right arm and thumb, and neck and back pain. Leon did not return to work following the shooting. Thus, Leon sought recovery of approximately $20,000 in past medical expenses, based on the calculations of his life care expert; $1,275,096 in future medical expenses; and an unspecified amount for his past and future loss of earnings. He also sought recovery of damages for his past and future pain and suffering. Defense counsel disputed the extent of Leon’s alleged . The defense’s expert orthopedist opined that Leon’s neck and back pain were unrelated to the incident and were first noted prior to the shooting. He also found no basis for Leon’s right arm problems and asserted that the frozen shoulder received appropriate physical therapy. The defense’s expert gastroenterologist opined that Leon’s gastrointestinal complaints could be minimized with medication and a healthy diet. In addition, the defense’s life care plan expert determined that Leon’s future medical expenses would only total $80,560 and that Leon’s economic losses would only total $56,911.
COURT
United States District Court, Central District, Santa Ana, CA

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