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JAIME A. LEAÑOS, Esq.—SBN: 159471 MORALES & LEAÑOS 75 E. Santa Clara Street, Suite 250 San Jose, CA 95113 Telephone: (408) 294-6800 Facsimile: (408) 294-7102 E-mail: jleanoslaw@pacbell.net
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Attorney for Plaintiff
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
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J.A.L., a minor, by and through his Guardian Ad Litem LAURIE VALDEZ,
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1. 42 U.S.C. §1983 & 1981 (Fourth Amendment) 2. 42 U.S.C §1983 & 1981 (Due Process & Fourteenth Amendment) 3. Wrongful Death 4. Negligence
v.
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COMPLAINT FOR DAMAGES
Plaintiff,
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CASE NO: CV 15-00355
MIKE SANTOS, individually and as a Police Officer of the San Jose State University Police , FRIT VAN DER HOEK, individually and as a Police Officer of the San Jose State University Police, and DOES 1-10, inclusive,
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Defendants.
[JURY TRIAL DEMANDED]
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Plaintiff J.A.L., a minor, by and through his Guardian ad Litem, LAURIE
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VALDEZ, hereby alleges as follows:
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//// 1 COMPLAINT FOR DAMAGES
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I.
INTRODUCTION 1. This civil rights action seeks compensatory and punitive damages of
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J.A.L., a minor (or “Plaintiff”), by and through his Guardian ad Litem, LAURIE
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VALDEZ from San Jose State Police Sergeant MIKE SANTOS, San Jose State
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Police Officer FRIT VAN DER HOEK (“Defendants”), and Does 1-10 inclusive
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for violating various rights under the United States Constitution and state law in
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connection with the wrongful death of Plaintiff’s father, Antonio Guzmán López
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(“Decedent”).
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2. On the morning of February 21, 2014, Officer Fritz Van Der Hoek
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and Sergeant Mike Santos were dispatched to San Jose State University in
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response to reports that a man was walking around the campus with a knife.
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Officer Van Der Hoek and Sergeant Santos were uniformed San Jose State
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University police officers and were driving a marked patrol vehicle. At the same
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time, Antonio Guzman Lopez, the decedent, was located just outside the San Jose
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State University campus near the intersection of 8th Street and San Salvador
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Street in downtown San Jose, California.
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3. At approximately 11:00 a.m., Officer Van Der Hoek and Sergeant
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Santos pulled into the intersection of 8th Street and San Salvador Street in their
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marked patrol vehicle. The decedent saw the officers and walked away.
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4. Sergeant Santos alleges that the decedent charged towards Officer
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Van Der Hoek with a knife. Neither Officer Van Der Hoek nor Sergeant Santos
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commanded the decedent to stop. Without warning, Sergeant Santos fired his gun
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at the decedent. The decedent was hit twice in his back and fell face-down to the
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ground. The gunshot wounds proved fatal.
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5. Officer Van Der Hoek and Sergeant Santos stood and waited by their
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patrol vehicle for a short time before approaching the decedent. While the
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decedent was laying face-down on the ground, the officers place him in handcuffs.
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No medical aid was provided to the decedent until the paramedics arrived 2 COMPLAINT FOR DAMAGES
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approximately 15 (fifteen) minutes later. 6. The force used by Defendants, Sergeant Santos, Officer Frit Van
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Der Hoek and DOES 1-10, in shooting Antonio Guzman Lopez while he was
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unarmed and failing to administer medical aid after he was shot and wounded was
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excessive, unreasonable, and resulted in the wrongful death of Antonio Guzman
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Lopez. 7. Plaintiff J.A.L., a minor, by and through his Guardian ad Litem,
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LAURIE VALDEZ, now bring this case to expose the wrongdoing of the
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defendants and to vindicate Antonio Guzman Lopez’s (“Decedent’s”) civil rights.
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II.
JURISDICTION AND VENUE 8. This Court has jurisdiction of the subject matter of this action under
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42 U.S.C. Sections 1983 for the deprivation of rights secured by the Fourth and
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Fourteenth Amendments to the Constitution of the United States. The jurisdiction
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of this court is predicated upon 28 U.S.C. Section 1331.
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9.
The Court has personal jurisdiction over each named defendant
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named herein because the plaintiff is informed and believes and on that basis
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alleges that each defendant is currently domiciled in the State of California.
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10. The court has pendant and supplemental jurisdiction over the state
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law claims alleged herein pursuant to 28 U.S.C. Section 1367. The pendant state
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law claims contained in this Complaint arise from the same nucleus of operative
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facts, and involves identical issues of fact and law, as the federal claims, such that
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the entire action constitutes a single case appropriate for prosecution as a single
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proceeding.
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11. On or about June 25, 2014, Plaintiff presented a written claim for
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damages with the Trustees of the California State University pursuant to
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California Government Code Section 910 et seq. Pursuant to California
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Government Section 911.6(c) and 912.4(c) the statutory deadline to respond has 3 COMPLAINT FOR DAMAGES
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now passed and Plaintiff’s claim is deemed rejected. This complaint is thus
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timely and properly commenced on all state claims pursuant to applicable
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provisions of the Government Code. 12. Venue is proper in the Northern District of California, under 28
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U.S.C. Section 1391(b)(1) and (2) because some or all of the defendants to this
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action reside in this District and because a substantial part, if not all, of the events
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or omissions giving rise to Plaintiff’s claim occurred in this judicial district.
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III.
INTRADISTRICT ASSIGNMENT 13. Pursuant to Northern District Civil Local Rule 3-2 (c), intradistrict
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assignment to the San Jose Division of the Court is proper because a substantial
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part of the events or omissions giving rise to the claims herein occurred in the
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County of Santa Clara.
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IV.
PARTIES
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14. Plaintiff, J.A.L., a minor, by and through his Guardian ad Litem,
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LAURIE VALDEZ, is the natural child of Antonio Guzman Lopez (Decedent),
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and is a resident of the United States of America in Santa Clara County, California
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and afforded the protections and rights of the United States Constitution.
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Decedent, Antonio Guzman Lopez, died intestate in California. Under the laws of
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California, including Probate Code §6402, the child is an heir and beneficiary of
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Antonio Guzman Lopez, and this action is brought for the benefit of said heir,
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who is entitled to recover all damages, costs and expenses allowable by statute.
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15. Decedent was, at the time of his death, a resident of the City of San Jose, County of Santa Clara, and State of California, United States of America. 16. Defendant, Sergeant Mike Santos, sued in both his individual and
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official capacities, is a resident of California on information and belief, and at all
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relevant times has been a Police Officer with San Jose State University. 4 COMPLAINT FOR DAMAGES
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17. Defendant, Officer Fritz Van Der Hoek, sued in both his individual
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and official capacities, is a resident of California on information and belief, and at
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all relevant times has been a Police Officer with San Jose State University. 18. Plaintiff is informed and believes, and thereon alleges, that at all
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times mentioned herein, each and every defendant was the agent, servant,
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employee, and/or representative of each and every other defendant and, in doing
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the things complained of herein, was acting within the scope of that agency,
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service, employment and in concert, and/or representation, and that each and
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every defendant is jointly and severally responsible and liable to plaintiff for the
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damages hereinafter alleged. 19. Plaintiff is ignorant of the true names and/or capacities of
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defendants sued herein as DOES 1 through 10, inclusive, (Doe Defendants) and
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therefore sues said defendants by such fictitious names. Plaintiff will amend this
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complaint to allege their true names and capacities when ascertained. 20. Plaintiff is informed and believes and thereon alleges that each of
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the Doe Defendants is legally responsible and liable for the incident, injuries, and
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damages set forth herein, and that each of the defendants proximately caused said
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incident, injuries, and damages by reason of their violation of constitutional and
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legal rights, negligence, breach of duty, negligent supervision, management or
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control, or by reason of other personal, vicarious or imputed negligence, fault or
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breach of duty, whether severally or jointly, or whether based upon agency,
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employment or control or upon any other act or omission. 21. Each of the Defendants, including Does 1 through 10, caused and is
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responsible for the unlawful conduct described herein and the resulting injuries
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and death by, among other things, personally participating in the unlawful conduct
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or acting jointly or conspiring with others who did so, with deliberate indifference
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to Plaintiff’s rights.
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22. In doing the acts and/or omissions alleged herein, Defendant
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Sergeant Mike Santos, Defendant Officer Fritz Van Der Hoek and Doe
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Defendants acted under color of authority and/or under color of law and pursuant
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to their respective authorities as police officers with San Jose State University.
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23. All individual defendants are guilty of fraud, oppression, and/or
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malice that would justify the imposition of punitive and exemplary damages.
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V.
FACTUAL ALLEGATIONS 24. On or about the morning of February 21, 2014, 38-year-old Antonio
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Guzman Lopez, the Decedent, was walking in the area of of 8th Street and San
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Salvador Street in downtown San Jose, California, near the southern end of the
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San Jose State University campus.
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25. At the same time, Defendant Officer Fritz Van Der Hoek and
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Defendant Sergeant Mike Santos were on duty members of the San Jose State
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University Police Department. They were operating a fully marked San Jose State
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University police patrol vehicle. Both were wearing San Jose State University
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police uniforms and were equipped with typical police equipment on their
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persons, including body cameras. However, Defendants now allege that their body
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cameras malfunctioned and the incident was not recorded.
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26. At approximately 11:00 a.m., Officer Van Der Hoek and Sergeant
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Santos responded to an alleged 911 call reporting that a man was walking around
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the San Jose State University campus with a knife. Officer Van Der Hoek and
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Sergeant Santos spotted the Decedent walking near the southern end of the
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campus and pulled into the intersection of 8th Street and San Salvador Street in
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their marked patrol vehicle. Officer Van Der Hoek and Sergeant Santos exited
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their patrol vehicle and approached the Decedent.
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27. The Decedent saw Officer Van Der Hoek and Sergeant Santos approaching and walked off the university campus, away from the officers. 6 COMPLAINT FOR DAMAGES
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28. Sergeant Santos alleges that the Decedent charged towards Officer
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Van Der Hoek with a knife. Neither Officer Van Der Hoek nor Sergeant Santos
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commanded the decedent to stop. Without warning, Sergeant Santos fired his gun
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three times at the Decedent. The Decedent was hit twice on his back and fell face-
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down to the ground. The gunshot wounds proved fatal and the knife allegedly
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used by the Decedent was not located.
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29. Officer Van Der Hoek and Sergeant Santos stood and waited by
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their patrol vehicle before approaching the Decedent. While the Decedent was
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lying face-down on the ground, the officers placed the decedent in handcuffs. No
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medical aid was provided to the decedent until the paramedics arrived
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approximately 15 (fifteen) minutes later. 30. The unnecessary and excessive force exercised by Defendant
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Sergeant Santos, Defendant Officer Van Der Hoek and Doe Defendants against
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Decedent, by shooting him while he was unarmed and not a threat to the officers
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ignoring his pleas for help, handcuffing him after being shot, and delaying
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medical aid were substantial factors in causing his death.
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VI.
CAUSES OF ACTION
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FIRST CAUSE OF ACTION
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Violation of the Fourth Amendment to the United States Constitution
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42 U.S.C. §§ 1983, 1981
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(Against All Defendants)
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31. Plaintiff re-alleges and incorporates herein by reference each and
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every allegation contained in paragraphs 1 through 30 of this Complaint. 32. Defendants' conduct violated the rights of Decedent, under the
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Fourth Amendment right to be free from unreasonable seizures. All the
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Defendants are liable to Plaintiff under California State Law Civil rights 7 COMPLAINT FOR DAMAGES
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violations. 33. These violations are compensable pursuant to 42 U.S.C. sections
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1983 and 1981. 34. As a result of Defendants' conduct, plaintiff has suffered significant
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physical harm, psychological harm and pain and suffering and the loss of life of
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Antonio Guzman Lopez. 35. Defendant Sergeant Santos’, Defendant Officer Van Der Hoek’s and
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Doe Defendants’ acts and/or omissions were done willfully, deliberately,
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maliciously, and with reckless or deliberate indifference or conscious disregard to
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Decedent’s constitutional rights, thereby entitling plaintiff to an award of
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exemplary or punitive damages. 36. The acts of the Defendants and each of them, that constitute
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deprivation of Decedent’s civil rights and are the basis of the claims herein
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include: a.
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Sergeant Santos, Officer Van Der Hoek and Doe Defendants
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employed unnecessary and excessive force in Decedent’s restraint and
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detention, inflicting physical trauma to body by shooting him in the back
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while he was unarmed and not a threat to defendants. This trauma was a
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substantial factor in causing his death. b.
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Sergeant Santos, Officer Van Der Hoek and Doe Defendants
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were grossly negligent or acted with reckless disregard for the risk of
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physical injuries and death when they forced Decedent to stay down in
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handcuffs after being shot and was bleeding to death. c.
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As a direct and proximate result of defendant’s conduct,
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Decedent experienced pain, suffering, emotional distress and the loss of
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life.
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37. Plaintiff J.A.L., a minor by and through his guardian ad litem,
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Laurie Valdez, brings his claim individually and as a successor in interest to
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Decedent, and in each case seeks both survival damages and wrongful death
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damages for the violation of Decedent’s rights. 38. Plaintiff seeks survival damages, without limitation, based on
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Decedent’s pain and suffering and loss of enjoyment of life.
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SECOND CAUSE OF ACTION
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Violation of the Fourteenth Amendment Due Process to the United States
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Constitution
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42 U.S.C. §§ 1983, 1981
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(Against All Defendants) 39. Plaintiff re-alleges and incorporates herein by reference each and
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every allegation contained in paragraphs 1 through 30 of this Complaint. 40. Defendants’ conduct violated Decedent’s rights under the
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Fourteenth Amendment to the United States Constitution not to be deprived of
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liberty without due process of law. 41. These violations are compensable pursuant to 42 U.S.C. sections
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1983 and 1981. 42. As a result of Defendants' conduct, Plaintiff has suffered significant
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psychological and emotional harm, and pain and suffering, including the loss of
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care, comfort and society. 43. Sergeant Santos’, Officer Van Der Hoek’s and Doe Defendants’
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acts and/or omissions were done willfully, deliberately, maliciously, and with
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reckless or deliberate indifference or conscious disregard to Decedent’s
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constitutional rights, thereby entitling plaintiff to an award of exemplary or
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punitive damages.
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44. The acts of the Defendants constituted the deprivation of Decedent’s civil rights are the basis of the claims that herein include: a.
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Sergeant Santos, Officer Van Der Hoek and Doe Defendants
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employed unnecessary and excessive force in Decedent’s restraint and
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detention, inflicting physical trauma by shooting him in the back while
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he was unarmed. This trauma was a substantial factor in causing his
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death. As a result, the Plaintiff’s right to familial association, without
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influence from the state as guaranteed by due process clause of the
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United States Constitution was violated. b.
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Sergeant Santos, Officer Van Der Hoek and Doe Defendants
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were grossly negligent or acted with reckless disregard for the risk of
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physical injuries and death when they forced Decedent to stay down in
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handcuffs after being shot and was bleeding to death. c.
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Sergeant Santos, Officer Van Der Hoek and Doe Defendants
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were also grossly negligent and acted with reckless disregard by
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ignoring the seriousness of decedent’s injuries and failing to provide
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timely medical care.
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THIRD CAUSE OF ACTION
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Wrongful Death
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(Against All Defendants)
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45. Plaintiff re-alleges and incorporates herein by reference each and every allegation contained in paragraphs 1 through 30 of this Complaint. 46. Defendants’ unlawful conduct resulted in the wrongful death of Decedent.
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47. As a result of Defendants’ actions, Plaintiff has suffered a
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tremendous loss of companionship, comfort, advice, affection, solace and society
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of his father. 10 COMPLAINT FOR DAMAGES
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FOURTH CAUSE OF ACTION
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(Negligence)
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(Against All Defendants)
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48. Plaintiff re-alleges and incorporates herein by reference each and every allegation contained in paragraphs 1 through 30 of this Complaint. 49. Defendants were negligent, and/or reckless and such conduct caused
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harm to Plaintiff. Defendants were negligent and/or reckless in performing their
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duties and failed, neglected, and/or refused to properly and fully discharge their
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responsibilities by, among other things:
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a.
Using unnecessary, excessive force against Decedent, which
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would not have been applied by a reasonable police officer under the
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circumstances;
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b.
Proceeding to effectuate an arrest and detention in the absence
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of a crime being committed by pointing a gun at the decedent and
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shooting Decedent while he was unarmed, and not a threat;
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c.
Grossly miscalculating the inherent dangerousness of the
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situation and thereby creating a situation in which serious bodily harm or
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death would likely result;
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d.
Failing to practice and follow sufficient police procedures to
ensure the officers and the public’s safety; and e.
Failing to exercise the proper method of arresting and
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detaining individuals that resulted in the unnecessary escalation of force
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50. As a result of Defendants’ conduct, Plaintiff has suffered significant
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physical and emotional harm, pain and suffering, and the loss of life.
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VII. PRAYER FOR RELIEF
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WHEREFORE, Plaintiff prays for judgment against all Defendants, and
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each of them, as follows: 11 COMPLAINT FOR DAMAGES
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a.
For compensatory damages, including both survival damages
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and wrongful death damages under federal and state law, in the amount
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to be proven at trial;
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b.
For treble damages;
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c.
For funeral and burial expenses, and loss of financial support;
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d.
For punitive damages against the individual defendants in an
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amount to be proven at trial;
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e.
For interest;
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f.
For reasonable costs of this suit and attorneys’ fees; and
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g.
For such further other relief as the Court may deem just,
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proper, and appropriate.
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VIII. JURY DEMANDED Plaintiff hereby demands trial by jury on any and all issue’s triable by a jury.
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DATED: January 26, 2015
LAW OFFICES OF MORALES & LEAÑOS
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By: /s/ Jaime A. Leaños ___ JAIME A. LEAÑOS Attorney for Plaintiff
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