Case details

Parents: Officers’ use of force against son resulted in death

SUMMARY

$650000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
burns, cardiac, cardiac arrest, death, heart, loss of consortium, multiple trauma, Taser
FACTS
On July 5, 2010, at approximately 4 a.m., plaintiffs’ decedent Edmund M. Gutierrez, 22, was driving on Victoria Avenue in Imperial when he was pulled over by Imperial Police Officer Eric Granado, who was traveling with his patrol lights off and his girlfriend as a “ride-along.” Gutierrez, who was driving without his lights on, was subsequently ordered out of his truck at gunpoint and handcuffed without incident. However, an altercation then broke out between Granado and Gutierrez, while Gutierrez was still handcuffed. As a result, Granado attempted to subdue Gutierrez with his Taser and baton. Imperial Police Officer Joe Garibaldi then approached the scene and attempted to assist Granado in subduing Gutierrez. As a result of the altercation, Gutierrez suffered heart failure and died as an ambulance arrived at the scene. The decedent’s parents, Edmund Gutierrez and Lydia Gutierrez, who were acting individually and as successors-in-interest to their son, sued Granado; Garibaldi; their employer, the city of Imperial; and the employers of other officers that had responded to the scene, the city of El Centro and the county of Imperial. The decedent’s parents alleged that the defendants’ actions constituted excessive force, resulting in Edmund M. Gutierrez’s wrongful death. The city of El Centro was ultimately dismissed from the case when it was determined that its police officers, who also responded to the scene, did not attempt to subdue the decedent. The county of Imperial was also dismissed after it was determined that Granado and Garibaldi were employed by the city of Imperial. Thus, the matter continued against the city of Imperial only. Plaintiffs’ counsel asserted that Granado and Garibaldi used excessive force in trying to subdue the decedent. Counsel contended claimed that while the decedent was likely showing some resistance, there were reasonable alternative means to subdue the alleged drunk-driving suspect, who was already in handcuffs. An eyewitness that lived in a nearby cul-de-sac claimed that the officers beat up the decedent with their batons and fists while the decedent was screaming for help and not resisting. Granado claimed Gutierrez was resisting arrest, and that they were engaged in a prolonged fight that led to the appropriate use of force by attempting to subdue him with his Taser and baton. Garibaldi claimed that as he approached the scene, he saw Gutierrez resisting arrest, causing him to attempt to assist Granado in subduing Gutierrez. Thus, Granado and Garibaldi claimed that as a result of Gutierrez’s actions, they were in fear of their lives and the public safety of others, and that their actions were not negligent., After other officers and emergency personnel arrived at the scene, the paramedics strapped Edmund M. Gutierrez to a backboard to transport him to a hospital. However, shortly after placing him into the ambulance, the paramedics began CPR because the decedent had stopped breathing and was in full cardiac arrest by the time they arrived at the hospital. He ultimately died within the hour. He was 22. The decedent’s parents claimed that the defendants’ actions caused severe , resulting in the loss of their son’s life. Thus, they sought recovery of non-economic wrongful death damages for the loss of their son. They also sought recovery of damages for the reasonable funeral expenses that they incurred, as well as recovery of damages for their loss of the decedent’s future income. The decedent’s parents further sought recovery of damages for their loss of their son’s love, support, affection and companionship. In addition, the decedent’s parents claimed that Granado and Garibaldi acted willfully, maliciously and/or with callous and reckless indifference to, and disregard for, their son’s safety and continued life. Thus, they claimed that they were entitled to an unspecified amount of punitive damages.
COURT
United States District Court, Southern District, San Diego, CA

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