Case details
Woman fatally shot by officers during welfare check
SUMMARY
$450000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
death, gunshot wound
FACTS
On Aug. 30, 2018, plaintiff’s decedent Vanessa Marquez, 49, an actress, was at her home in the 1100 block of Fremont Avenue, in South Pasadena, when her friends contacted paramedics to perform a welfare check on her. The paramedics and a mental health official attempted to evaluate Marquez, and they contacted the police for assistance. When officers arrived, Marquez claimed to be experiencing a seizure, but declined to be transported to a hospital. When the police entered her home, Marquez aimed what was later determined to be a BB gun at the officers. The officers shot her. Marquez was ultimately pronounced dead at a hospital. Marquez’s mother, Delia McElfresh, sued the former chief of police, Arthur Miller; Officers Arthur Burgos, Gilberto Carrillo, Spencer Louie, Avick Manukian and Christopher Perez; and the officers’ employer, the city of South Pasadena. McElfresh alleged that the officers’ actions constituted a failure to summon prompt medical care, a violation of the Bane Act, and violations of Marquez’s civil and constitutional rights, including her right to be free from the use of excessive force. McElfresh also alleged that Miller and the city were negligent in the training of the officers, making them liable for the officers’ actions. McElfresh alleged that the paramedics told the police that Marquez was allowed to decline transportation to a hospital, but that the police ignored that information and caused the confrontation with Marquez. McElfresh also alleged that Marquez did not pose a threat, as the officers were a distance away from Marquez and as Marquez was not facing the officers when they shot her. Defense counsel contended that Marquez was pointing what appeared to be a real firearm at the officers and that Marquez was walking toward them with the weapon. Thus, the defense asserted that the officers shot at Marquez because they feared for their lives., Marquez suffered gunshot wounds. She was transported to a hospital, where she was pronounced dead. Marquez’s mother sought recovery of wrongful death damages for the loss of her daughter.
COURT
United States District Court, Central District, Los Angeles, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
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- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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