Case details

Officers’ improper use of chokehold caused death: family

SUMMARY

$13200000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
asphyxia, cardiac, death, heart, myocardial infarction, pulmonary, respiratory
FACTS
On July 2, 2016, plaintiffs’ decedent Fermin Valenzuela Jr., 32, was approached by Anaheim Police Officers Daniel Wolfe and Woojin Jun, who were responding to a call alleging that Valenzuela was following a woman home and pacing in front of a residence at West Broadway and Magnolia Avenue, in Long Beach. A struggle ensued as the officers attempted to take Valenzuela down. During the struggle, Valenzuela was punched, kicked, struck with a baton, shocked with a Taser, and subjected to various neck restraints. Eventually, Valenzuela was choked until he was heard struggling to breathe, and eventually went limp. Valenzuela was taken to a hospital, but he died there eight days later. In September 2017, the Orange County District Attorney’s Office cleared the officers of any wrongdoing. The decedent’s minor son, Vincent Valenzuela, and minor daughter, Ximena Valenzuela, sued Wolfe; Jun; a police sergeant who was at the scene, Daniel Gonzalez; the chief of police, Raul Quezada; and the officers’ employers, the city of Anaheim and the Anaheim Police Department. The decedent’s children alleged that Wolfe and Jun were negligent in their use of excessive force against the decedent, in violation of the decedent’s civil rights. The decedent’s family also alleged that Gonzalez was negligent in his supervision of the officers and that Gonzalez, Quezada and the city were liable for the actions of Wolfe and Jun. Quezada and the Anaheim Police Department were let out of the case, and the matter only continued against Wolfe, Jun, Gonzalez and the city. Plaintiffs’ counsel agreed that the officers had reasonable suspicion and probable cause to detain and arrest the decedent. However, counsel contended that Fermin Valenzuela was unarmed and not a threat. Plaintiffs’ counsel argued that the city failed to train its officers properly in the use of neck restraints and that as a result, Wolfe used an “air chokehold” that blocked Valenzuela’s airway, which is only appropriate when deadly force is necessary. Counsel also noted that Valenzuela repeatedly said he could not breathe during his struggle with police, but the officers failed to release him from the chokehold. In addition, plaintiffs’ counsel contended that, during the chokehold, Gonzalez, who was supposed to be supervising Wolfe and Jun, encouraged the officers’ use of force. Videos of the incident, taken by body cameras worn by the officers, were shown to the jury. The officers claimed that when they responded to the scene, they heard the sound of a methamphetamine pipe breaking and observed a screwdriver in Valenzuela’s bag. Wolfe claimed he ordered Valenzuela to stop and put his hands behind his back, but Valenzuela refused. A struggle then ensued. The officers claimed that they attempted to subdue Valenzuela using various techniques, including using a baton, shocking him with a Taser and subjecting him to various neck restraints, but that Valenzuela continued to resist, and eventually broke free and fled, causing the officers to follow him. They also claimed that Valenzuela was 60 pounds heavier than them and that they suspected that Valenzuela was high on methamphetamine. They claimed that as a result, their actions were justified. Defense counsel contended that since Valenzuela was violent, under the influence of methamphetamine and had tried to flee, the officers were legally permitted to detain and arrest Valenzuela. Counsel also contended that based on Valenzuela’s violent behavior and refusal to stop resisting, the officers’ actions were reasonable and justified. In addition, counsel argued that the neck restraint did not cause or contribute to Valenzuela’s death., Fermin Valenzuela went limp while in the chokehold. Attempts to revive him at the scene were unsuccessful, and he never regained consciousness. Valenzuela was taken by paramedics to a hospital, where he was taken off of life support eight days later. It was undisputed that Valenzuela had amphetamine, methamphetamine and cannabinoids in his system at the time of the encounter. However, plaintiffs’ counsel contended that the cause of Valenzuela’s death was asphyxia. Valenzuela’s minor children sought recovery of wrongful death damages for the loss of their father. Defense counsel argued that Valenzuela died as a result of his chronic use of methamphetamine, combined with an enlarged heart and prolonged struggle with the officers. The defense’s experts opined that the officers did not cause or contribute to Valenzuela’s death. Defense counsel introduced into evidence Valenzuela’s criminal record of more than 15 arrests and convictions, including drug convictions and a conviction for domestic violence against the mother of Valenzuela’s own children. Counsel also noted that Valenzuela was incarcerated on more than a dozen occasions after his children were born. As a result, defense counsel disputed Valenzuela’s children’s claims of loss of love and support.
COURT
United States District Court, Central District, Los Angeles, CA

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