Case details

Officers used excessive force on man in mental crisis: family

SUMMARY

$4500000

Amount

Verdict-Mixed

Result type

Not present

Ruling
KEYWORDS
conscious pain, death
FACTS
On April 5, 2016, plaintiffs’ decedent Cesar Frias, 20, was having a mental health crisis stemming from grief regarding the recent loss of his mother. His family called the Los Angeles Police Department for help in getting medical and mental health attention. Officers attempted to subdue Frias using physical force, including using a Taser, but to no effect. Frias retreated inside his bedroom and barricaded the door, causing an overnight standoff with the police. Sometime after midnight, SWAT officers deployed tear gas into Frias’ bedroom. Shortly thereafter, at about 1:30 a.m. on April 6, 2016, Frias came out of his bedroom window armed with a pair of small scissors and attempted to run to the side of the house and into the backyard, where SWAT officers were waiting to apprehend him. As Frias ran to the rear of the house, SWAT officers deployed a Taser and fired several beanbag and 40-millimeter rounds at Frias, who was struck and fell to the ground. Frias ultimately died from a single gunshot wound. Frias’ father, Juan Frias, and minor daughter sued police officers Enrique Anzaldo, Leon Maya, Juan Garcia, Valentin Martinez, Guy Dobine, Joe Dominguez, Joseph Goosby, Tim McCarthy, Ruben Lopez, Synthia Lee, Bruce Adam, James Hart and Dain Hurst; and the officers’ employer, the city of Los Angeles. The lawsuit alleged that the officers used excessive force and negligently denied Cesar Frias medical care and that the officers’ actions constituted battery, a violation of the Fourteenth Amendment and a violation of the Bane Act. The lawsuit also alleged that the city was liable for the officers’ actions. Hart and Hurst were ultimately let out of the case. Defense counsel contended that the officers acted reasonably and feared for their lives as a result of Cesar Frias’ erratic behavior. Counsel contended that patrol officers attempted to speak with Frias, with the assistance of his family and the police department’s mental-evaluation unit, in an attempt to have Frias surrender, but that Frias was nonresponsive. Counsel also contended that patrol officers attempted to make entry into Frias’ bedroom, but that Frias armed himself, causing the need for patrol officers to deploy beanbag shotguns and a Taser in an attempt to prevent Frias from exiting while armed with a knife. Defense counsel maintained that, at some point, the SWAT team arrived, and several attempts were made to convince Frias to come out unarmed and follow commands provided to him, which included the use of a psychologist and a crisis-negotiation team. Defense counsel contended that after the shooting, while Frias was on the ground, Frias still possessed the pair of scissors and continued to resist the officers’ attempts to take him into custody. Counsel argued that as a result, Frias was shocked with a Taser for approximately 140 seconds at varying times in an attempt to have him drop the scissors, which Frias was thrashing about in his hands. Counsel further argued that after approximately five minutes, Frias was handcuffed and transported onto a gurney, where paramedics began treatment., Frias sustained a single gunshot wound and died from his injury in the early morning hours of April 6, 2016. He was 20 years old, and he was survived by his father and minor daughter. Frias’ family sought recovery for Frias’ pre-death pain and suffering. They also sought recovery of wrongful death damages for their past and future loss of love, companionship, comfort, care, assistance, protection, affection, society and moral support. According to defense counsel, plaintiffs’ counsel asked the jury to award Frias’ family $30 million in compensatory damages, on the low end, and $40 million in compensatory damages, on the high end, during closing arguments. Frias’ family also sought recovery of punitive damages against the officers.
COURT
United States District Court, Central District, Los Angeles, CA

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