Case details

Police shot and killed man wielding BB gun

SUMMARY

$2900000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
death, gunshot wound
FACTS
On July 21, 2018, plaintiffs’ decedent Eliuth Penaloza, 50, became involved in a vehicular chase. He was being pursued by Anaheim police officers Sean Staymates and Kevin Pedersen, in Anaheim. Penaloza’s brother had contacted the police because he believed Penaloza was acting strangely. Penaloza’s family informed the police that Penaloza had a history of drug use and that Penaloza appeared to have a gun and a knife on the floor of his truck. During the pursuit, Staymates and Pedersen though they saw Penaloza brandish a pistol at them. As a result, they shot at Penaloza’s vehicle. The officers then fired more shots at Penaloza in front of the house Penaloza shared with his mother, father and brother. Penaloza’s pistol turned out to be a carbon dioxide powered BB pistol. He ultimately died from gunshot wounds. Penaloza’s mother, Gloria Fabian, father, Thomas Penaloza, brothers, Omar Penaloza and Oscar Penaloza, sister-in-law, Nicole Penaloza (acting individually and on behalf of her son, Penaloza’s adult daughters, Yizel Penaloza Figueroa (acting individually and on behalf of her son), Angelica Penaloza Figueroa and Jessica Penaloza Figueroa, and Penaloza’s adult son, Jose Penaloza, sued Staymates, Pedersen and the officers’ employer, the city of Anaheim. The lawsuit alleged that the officers’ actions constituted excessive force, causing Penaloza’s wrongful death. The lawsuit also alleged that the officers falsely imprisoned Penaloza’s family after the incident and that the city was liable for the officers’ actions. Oscar Penaloza claimed that he witnessed Eliuth Penaloza being shot in front of their house and that the officers ordered him and his parents to go inside and stay home after the incident. The family claimed that they were all ordered to go to, or were actually physically taken to, the Anaheim Police Department to be interrogated, separately, pursuant to the Anaheim Police Department’s civil liability investigation of Eliuth Penaloza’s death. Plaintiffs’ counsel contended that the officers falsely imprisoned the family to obtain statements from them to protect the city, Staymates and Pedersen. Defense counsel contended that the officers feared Penaloza was going to shoot at them and that they fired in order to protect themselves and nearby citizens., Eliuth Penaloza sustained gunshot wounds and ultimately died from his . He was 50 years old and was survived by his mother, father, two brothers, a sister-in-law, a minor nephew, an adult son, three adult daughters and a minor grandson. Penaloza’s family sought recovery of wrongful death damages. His family also sought recovery of damages for their emotional pain and suffering as a result of the officers’ intentional infliction of emotional distress.
COURT
United States District Court, Central District, Santa Ana, CA

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