Case details

Plaintiff claimed investigator ran over him during pursuit

SUMMARY

$1350000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
neurological, neurological impairment
FACTS
At around 5:10 p.m. on July 10, 2015, plaintiff Victor Mondragon, 19, jumped from a moving vehicle in an attempt to flee from the police. Mondragon was previously involved in a vehicular pursuit that was initiated after an officer allegedly observed him and another individual, who was in the driver seat, in the process of gang-related activity. Believing that Mondragon and the other individual were in violation of their probation, the non-party officers initiated the pursuit. Helicopter units then started monitoring the pursuit after the driver crashed into another vehicle, which was believed to have injured a minor. In addition, the suspects were allegedly observed throwing a weapon out of the vehicle during the pursuit. When the suspect vehicle drove from East Ball Road onto the on-ramp to southbound State Route 57, also known as the Orange Freeway, in Anaheim, the suspect driver and Mondragon (the passenger) both jumped out of the moving vehicle and attempted to flee on foot toward a nearby residential area. As a result, Investigator James Rodriguez, who was a member of an Anaheim Police Department task force, began driving on the shoulder in an alleged attempt to create a barrier between the suspects and the wall. However, while driving toward the suspects, Rodriguez inadvertently struck the suspected driver and ran over Mondragon, who sustained an injury to his back, rendering him paralyzed. Mondragon sued the Rodriguez; the supervising officer on Rodriguez’s task force, Sergeant Michael Haggerty; and the officers’ employer, the city of Anaheim. Mondragon alleged the Rodriguez’s actions constituted excessive force in violation of his Fourth Amendment rights and a violation of substantive due process in violation of his Fourteenth Amendment rights. He also alleged that that Haggerty was negligent in the supervision of Rodriguez and that the city was liable for the officers’ actions based on Monell claims regarding municipal liability. Plaintiff’s counsel contended that, upon hearing about the chase, Haggerty, as the supervising officer on a task force, ordered his units of about five vehicles to join the pursuit. Counsel also contended that the conduct of Rodriguez and Haggerty violated Anaheim Police Department’s own policy regarding the manner of joining an ongoing pursuit and the communication required with other units while in pursuit. In addition, plaintiff’s counsel asserted that Rodriguez used his moving vehicle as deadly force in order to stop Mondragon. Defense counsel asserted qualified immunity and immunities under the California Vehicle Code. Counsel also asserted that there were no civil rights violations because Rodriguez did not intend to strike Mondragon with his vehicle., Mondragon sustained a spinal cord injury, causing paralysis from the waist down. He was subsequently taken from the scene to UC Irvine Medical Center, in Orange. While in custody, Mondragon was transferred to Western Medical Center, in Santa Ana, where he underwent surgery and rehabilitation. Mondragon did not receive any other treatment out of custody. He claimed he sustained neurological deficits in the lower extremities such that he has a loss of sensation in both legs and is permanently paralyzed.
COURT
United States District Court, Central District, Santa Ana, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case