Case details

Plaintiff: Police never identified themselves prior to shooting

SUMMARY

$2250000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
brain, coma
FACTS
On April 26, 2017, plaintiff Adonis Serna, 19, was driving a minivan that he had borrowed from a friend. He began to be followed by an unmarked, white pickup truck operated by Tulare County Sheriff’s Detective Bari Molyneux. When Molyneux ran the minivan’s license plate, he learned that the vehicle had been reported stolen. He called for backup, and Woodlake Police Detective Oscar Robles and Exeter Police Detective Kevin Phelps began to follow Molyneux in an unmarked, black sports utility vehicle equipped with emergency lights and a siren. After driving onto West Sequoia Avenue, in Woodlake, Serna pulled over to talk with an acquaintance. Officers confronted Serna, who then backed his vehicle into Robles and Phelps’ police vehicle. Robles and Phelps started shooting, with Robles firing six rounds and Phelps firing one. Bullets went through the van and struck Serna in the back. Serna sued Robles; Robles’ employer, the city of Woodlake; Phelps; Phelps’ employer, the city of Exeter; Molyneux; and Molyneux’s employer, Tulare County. Serna alleged that the officers’ actions constituted excessive force, assault and battery, and negligence. He also alleged that the city of Woodlake was liable for Robles’ actions, that the city of Exeter was liable for Phelps’ actions, and the that Tulare County was liable for Molyneux’s actions. Serna maintained that he was unaware that the minivan was stolen and claimed that he borrowed the minivan so that he could visit his 10-month-old son, who lived with his mother near Woodlake Union High School. He alleged that while he talked to his friend, Molyneux pulled his pickup truck around the minivan to block it from moving forward, while Robles pulled within six to eight feet behind the minivan. Serna claimed that he was not aware the unmarked pickup truck directly behind his vehicle was a law-enforcement vehicle and that he was unaware that the black SUV Phelps and Robles was in was following him. He also claimed that neither police vehicle had its flashing lights or sirens activated and that all three officers exited their vehicles with their guns drawn. Serna further claimed that Molyneux, Phelps and Robles did not identify themselves as police officers as he slowly backed his minivan away from Molyneux’s pickup truck. While Robles maintained that he turned on his grill-level, flashing lights, plaintiff’s counsel asserted that the lights were below the minivan’s windows, so Serna could not see them. Plaintiff’s counsel also asserted that Serna had no intentions of hurting the officers or resisting arrest and that the officers were never in danger of being hit by the minivan because they were off to the side. Counsel further asserted that there was no damage to the minivan’s rear bumper. However, the minivan was eventually allowed to be released to the owners, and it ended up being destroyed without law enforcement taking photographs of the rear of the minivan. Serna’s police practices and procedures expert submitted a report in which he opined, that shooting Serna in the back, under the circumstances, was reckless, a violation of the standard of care for police and a violation of Serna’s civil rights. Defense counsel disputed the claim that Serna did not know the minivan was stolen, and contended that the officers did identify themselves. Counsel also asserted that Serna’s tires broke traction when he crashed into the SUV behind him and that Robles and Phelps started shooting because they feared that they would be run over. The officers claimed that they feared for their lives when they shot at Serna, who was in a stolen minivan that had backed up into a police vehicle., Serna sustained a gunshot wound to his back. He was taken to a hospital, where he remained in a coma for six weeks. As a result of the bullet striking his spine, Serna was rendered paralyzed from the waist down, causing him to be hospitalized for months. Serna sought recovery of unspecified damages for his emotional distress.
COURT
United States District Court, Eastern District, Fresno, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case