Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
CIV
Case Number
DS1621023
CaseType
CIV
Action Code
CASEEN
Action Date
12 08 16
ActionTime
a c an
seq
Printed
by
9 37
0002
TH I S PAG E
DMOND
NEW FILE
To
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2016 12 07 23 59 10
GMT
GERA GOS
GERAGOS
026
LA VYeRS
PHO1 lE
FncstM
213
7Q i 7
2J
23
n
3255
iRiliiY
M A RK J
GEI2 AG S
BFN T ii IEIS LAS
ALEX AL RCC I
SBN 10832
SBN 27741
SBN 305537
Attorneys for Plaintiffs Z II E ESTATE OF JAMFS IIALL MERRY JA11r
7A VI77
ST T E OF CALi t RNIA
MFRR
J M FS
I1 1 LL
1
yZ
13
incli viclual
c i vi dc
JU LIEK 1R l3GINSI Y
anet
an
Plaintitfs
5
10
5 r tz
4
16
7
18
1
FT 1
inc ivic
an
an
k R
ua l
aia
i ndiui
an
TT DAVT D LAL
6
X
indi vidual
V 1 NDE L L
an
indi
idu i f
F CF
i ncii viciw l
Al tiCON A
4l
25
26
27
F F iC F R n
vIEI IC 3
an t ndi xicival
D E EWI I ACK
EI
i fl TT
ER
an
FF1 C 1
iv dual
as
ual
R F R T CJ LAC
SERGE
1983
VIO NELL
NEIL BACI II AN
AfONELL CLAIM
3
1i
iu
L3 S C
Z
14
iv
Nn
ase
YlllAV1 ll
ri ldividual K 1RE 1 H A L L a
indi icieta l
ii
an
DE
WR fNCFUL DEAT II
NEGLIGE tCE
GERAGOS
To
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GERAGOS
1
2
3
4
At
approxim
tely
zu
s
x
disorder
Chevron
leg lly
Station
contlict
county oraner s of ce fo weeks bef ore his family vas tinall r grantcci access to ii
sc
ras c utsid
of
and
ventuaily
The
letha
t eplc yed
fc
rce
killin
IIatL
Ha1t
THE PaRTIES
11
l2
l3
14
15
fi
w
n
izoaffective
10
p y wwi
r
q
16
17
18
7
governmental
23
24
25
26
27
2
entity
tirnes hereiT
rganized
intic l ec
ud e
istin
under
lace Depart
as
at
all
relcvant
nent
as
Califamia
times
police
ofEicer
21
22
all
19
20
at
en
bert GIace u s
at all
a palice ofticer
Defenc ant Scrgeant David Lally was at all relevant times a police oftic r
was
at
li
retevant
tizncs
c lice vfficer
efendant
Offic
Sl
av m
Cory
as
To
Page 9
20
of
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1
2
13
14
15
16
17
Iernandez was
a police
was
at
all
relevant times
police
Defendant C fficer pom riico Aricona was at all relevant times a police officer
Detendant Offcer Andre4v Hackett was at all relevant times a police officer
11
18
9
10
GERAGOS
7
8
From GERAGOS
ofticer employed by the City of Fontana acting under color of authe rity
5
6
2132323255
3
4
GMT
Defcndant Officer Casey Vlutter was at ali relevant times a police nfficer
12
13
Defendant
was
z ozx
ZLL
a
C
Q
s
14
a police ofCcer
Plaintiffs are unaware ot the true names and capacities of the Defendants
Vw
c
16
named herein as DOE OFFICERS 1 throu h 2U inclusive and therefore sue said Defendants
17
by such tictitious names Plaintiffs will seek leavc of court to amend this complaint to allege
18
the true
19
are inf ormed and believe and t iereon alle e that each of the atoresaid fictitiously named
20
Defendants sre responsible in sotne manner for the happenings and occurrcnces hereinafter
21
alleged
22
names
and
the
23
Plaintiffs
Defcnciants
21
Alaintif fs
JURISUIC 1 ION
24
when
CVUC
ov
ND tiUTICE
by
25
is a civil actian wherein the inatter in c ontroversy e clusive c f interests nd costs exceeJ
26
the
27
months trom the City of T onCana s lune l3 2016 rejectiot of Plaintiffs Govea nment Tort
28
Claim
jurisdictional
minimum
ot
the
CO
Court
PLAINT i OR DAMAC ES
To
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of
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From GERAGOS
GERAGOS
FACTUAL BACKGROUND
2
3
2132323255
GMT
22
Decedent
23
Decedent
Iall
vas
a peacefiil person
wh
24
nature Additionally the residents of his community were fully aware of his disabilities
On
25
or about
November 22 2015
at
ap roximately 4 15
a m
Decedent James
Hall was outside a Chevron station on the corner of Sierra Avenue and Slover Avenue
10
Decedent I Iall was well known throughout his neighhorhood for his peaceful
26
lleeedent Hall entered the convenience stoi e located at the Chevron station
1
1
13
o z
a Ua ce
27
After Decedent Hall tlad spent a few mi rutes browsing around the com eniencc
W
U J
store one of the Defendant officers approached him vith a hancigun drawn
14
28
The
officer
kept his
gun
pointcd
ZL4
U
15
policeman
1G
who
was wieli
ing
a lar
tirear
second
flN
J
0
17
29
The tirst two officers were soon joined by a third ofticer and a police dog
18
30
A fourth officer joined the roup shortly therealter and also quickly pr dueed
19
20
31
A t11th ofticer then approached the door Co tl e convenience store drew his
21
Cireartn
and pointed
22
fircarm
was
23
24
being
it
ai
Decedent Hall
threatened
by
At this point
ficers
team of
five
ned with handguns one with a larger tircarm and ihe f inal officer with a trained police
dog
32
One of the Deiendant oi licers tic d a shot in Decedent Hall s direction and the
26
entire
27
28
of
group
33
subs
yuently be
an
Co move
in
on
Decedent F
all
t this point
one of the
The Def endant ofticers i eteased I7eir polic e dog on Decedent I all and he
3
CONIPLAIV
To
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of
2016 12 07 23 59
20
2132323255
35
36
bac y
died
37
11
office
l2
substantial
wcapons still
ciraw n
By
this
After L ecedent Iall s death his body was held far wceks at the coroner s
without
justi ficatic n
erio
rm
q
One of the
Tfie Defendant o ticers cornered Decedent Hall in the rear of the convenience
ith their
10
ZK
GERAGOS
fNWQ
ran
GERAGOS
5
6
startled
Froir
became
GMT
He
YO
13
CTIQN
EIRST CAUSE QF
wUCGcS
w
w
ti
14
Violation
l5
r4
of
42 U S C
Civil Rights
Plaintiffs against Of
1983
c r Uefendants
f tt U
w
VG
16
38
Plaintifts
reallege
and
18
39
Defendants
fficer
Sergeant David
19
Lallyr CJfticer Shane 1VIcCoy Officer Shawn Cary 01 icer Ryan Winc ell Officer GiavarYni
20
Hernan
21
fticer
22
23
24
2S
6
27
2
Casey
referred
vith
ez
to
as
Nl
utter
Ofticer Defenc
40
and
wei c
ants
c e
l icers 1
Q hereinat er cc lectively
law c nforcement c
ficers
The fc
regoin
elaim
t t r relief
arnse
in Decedent
favc r
and
Decedent
ould
hav been the plaintiff vith res ect to this claim for relief had he lived
42
Of
icer
Defendai ts
aciing
rnder
color
of
co
Pt A NT rc rz r atiancrs
state
la
To
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of
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2132323255
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rights privilcges and immunities secured by the Constitution and laws of the United States
to the Constitution by subjecting Decedent to excessive force when th y shot and killed him
4
5
43
I he wrongfiil acts alleged herein above of Officer Defendants were the causc
o f Decedent s death
44
and each of them Decedent sustained general damages i icluding pain and suffering and a
loss of the enjoyment of lifi and other hedonic damages in ai1 amount in acco dance with
proof
10
45
in
In doing the foreg ing wrongful acts Officer Defendants and each of them
11
acted
wrongful acts
warranting the lward of punitive damages against each individual Ofticer Delendant in an
l4
amount
reekless
and
eallous
disregard
fi
the constitutional
rights
of
Decedent
The
M
NU
thus
z oZ
usa
l W1U
I
15
4i
sW
Due to th
16
been rcquired to incur attorneys fees and will continue to incur attorneys tees and pursuant
17
to 42 U S C
18
SEC
19
Violation
20
47
Vlorrell Claim
Plaintiffs rcallege and incc rpt rate by refercnce the allegations contained in the
5
26
Civil Rights
23
24
of
21
22
ND CAUSE OF ACTION
9
ross
negligence
27
28
INT FOR D
iv1AGES
To
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of
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From GERAGOS
GERAGOS
Thesc policies and customs include but are not limited to the delibe ately
indifferent training of law enforcement ofticers in the use of excessive force the express
and or tacit encouragement of excessive force the ratiticatian of police misconduct and the
failure to conduct adequate unbiased investigations of police rnisconduct such that future
viol tic ns d
51
not occur
Plaintiffs
policies were the moving force behind the violations of Plaintiffs and Decedent s rights
Based upon the principles set forth in r onell v New York City Dep t vf Social Services
Defendants
10
City
of
Fontana
and
are
liabl
1 1
52
J
JJ W
12
of
13
cnjo rnent of life and othen c donic ciamages in an amowlt in accordarice with proof
them
Decedent
sustained
eneral
darn
includin
es
a8
4
yU
Pain and
sutfcrin
rt
14
53
15
required to incur attorneys fees and tivill continue to incur attorneys fees and pursuant to 42
16
LJ S C
Uu
C 7
17
18
of
12 U S C
Civil Rights
1983
19
20
21
22
54
receding
23
raplis of
Ofiic
this Complaint
Defenda
as
tliou
h ftill
r coior c
24
rigl
unjustifiied
26
pruvocation all in violation af rigl ts privilcges and immuniCic s secured by the First and
27
28
t to
S6
familial
cce
As
rela
cai
tion5hip
ng
a result oP
injurie
the
ich
sulted
in
l7ecedent
death
all
witho
1 States C onstituti on
foregoing
rungful acts of
6
COMPI
r11
T FOR D
19AGES
To
Page 14
of
20
2016 12 07 23 59 10
thcm
sut erin
an amount
2132323255
From GERAGOS
GERAGOS
sustained
and loss of comfort and society and special damages including loss of suppoi C in
in
57
ith proof
accordance
tn doing the foi egoing wron t ul acts Of ticer Defendants and cach of them
acted in reckless and callous disregard fior the C onstitutional rights of Plaintiffs when they
killed Decedent
and malicious
Officer Defendant in a l amount adcquate to punish the wron doers and deter future
misconduct
1 U
Plaintiffs
GMT
58
The wrongful acts and each of thern were wil ful oppressive traudulent
thus warranting the award of puniCive damages againsi each individual
Due to the conduct of Ofticer Defendants and each of them Plaintiffs have
1 1
been re uirc d to incur attorneys fees and will continue to incur attorneys fees and pursuant
12
mf
NW
42 U S C
o
rn
1 3
L i
w
f
14
Violation
of
s
J
W
sW
Civil Rights
15
t2 U S C
16
Familial
1983
Relationship
r rith
Mvneln
17
18
59
19
20
21
occurrence
oL
the
maintain and pel mi t official policies and cu5t ms which allow the
types
of
all
in deliberate
23
These polieies and customs includc but are not limited to the defiberately
24
25
and or tacit encouragement c f ex cessive force Further the Uefendants ratificatian of police
26
rniscoz duct along with ihe failure to conduct adequate investigations of miscanduct led to
27
the violations of the Plaintiff s ancl Che Decedent s Constit utional rights
28
62
of
law
cnforcerncnt
CO
lPL 11
T FOR Dr1V1AGES
To
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of
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From GERAGOS
GERAGOS
Police Uepartment failed to make an unbiased investig3tion or take any action it1 preservin
IaintitEs
Decedent
or
rights
misconduct
policies were the moving force behind the violations of Plaintiffs and Decedent s rights
Based
Dcfendants City of Fontana and Iontana Police Department are liable tor all of the injuries
8
9
10
upon
63
the principles
set
forth in Monell
1Vetiv
James Hall s demise and the resulting loss to Plaintitfs thereby causing Plaintiffs to be
damaged in an amount to be detei mined at the tirne of trial
11
64
NCtl
12
reyuired
13
U S C
to
incur
attorneys
fces
and
vG
v7 u
W z
14
Violation
wzc
of
Civil Cocie
52 1
N
T
16
J
0
17
18
65
19
20
6G
3
2 4
67
27
28
Defenda lts Gity of F ntana and Fontana Police Department are liable for thc
acts omissions and conducl oF their employees including Offic r Defendants hercin whose
negli
ent
condu
Government C
25
26
Ofticer Defendants acting within the scope of their dutics as CiCy of Fontana
21
22
Plaintiffs reallege and incorporate by refet ence the allegations containc d in the
S
et sec
dc
ch
of
the
Dccedent
pursuant
to Caliiornia
815 2
ude
PI
use
is
ti
tiled
California Govei7
ment
Code
910
As that claim has been rejected in the past six monchs this action is timely
69
Plaintif fs are the proper parties n ith standing as successors in interest and on
behalf of Decedcnt pursue thc claims of Decedcnt basec on a violatian of his ri hts
8
C O
To
Page 16
of
2016 12 07 23 59 10
20
70
GERAGOS
of rights secured by the Constitution and laws of the United SYates or securecl by t he
C onstitution and la s of the State of California including interfcr nce witt Decedent s
rights to be sei ure in his person and fi ee from the use of excessive force under thc Fourth
Amendment
8
9
10
71
and
Cal
Const Art l
scc
13
as well 1s
Cal Civ
ode
s rights pursuant to
11
72
y
p
fv
O
5oz
r
GMT
tU
12
required to incur attorneys fees arid will continue to incur attorneys fees and pursuant to
13
14
15
Negligence
w z
u
u
z
Lj
Wrongful Death
16
0J
17
18
73
19
20
74
Of cer Defendants acting within the scope of their dutics as City of rontana
21
Defendants CiCy of Fontana and F ontana Police Department are hereby liable
22
for the acts omissions and conduct of their employees ineluding Defendants hercin vchose
23
neeli
24
Govcrnment Code
25
26
27
2
ent
76
ii
eonduet
PI
che
cleath
uf
the
Decedenc
pursuant to
C llif ornia
815 2
ntiffs
tii
ely
claim pursuant
io
91 1
et seq As that claim has bcen rejected in the past six months this action is timcly
77
1 laintiffs ure the proper parties with standing pursuant to C al Civ Proc C ode
377 60 and hereby pursue their remeclies for wr 3ngCu1 death against Defendants and each
9
C 0 1PL 11NT FOR
AMAGES
To
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GM
GERAGOS
GERAGOS
of them including recovery for pecuniary loss and other compensable injuries resulting ti am
the loss of the society comfort attention services and support of Decedent
3
4
78
Decedent James Hall by acts or omissions contributing to his demise including but not
limited to thc deliberately indifferent training of lac r enforcement officers in the use of
excessive force the express and or tacit encouragement of excessive force the ra titication of
poliee
9
10
misconduct
79
and
the
failure
Detendants are further responsible for acts and prc shoot tactics implemented
l t
80
Decedent s Ic ss has and will continue to cause great and severe damages to his
m
l2
loved ones the Plaintiffs in t12is acCion al in an amount according to proof at the time of
13
trial
g
Z
yU2
s r
u n
r a
J LU
sw
81
and or reckless disregard t r the sa fety of Decedent Plaintiffs have incurred funeral and
16
17
18
19
20
21
ll
Jl
ll
22
23
24
25
26
ill
27
ill
28
iU
10
COMPLAINT FQR DA
GES
To
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GERAGOS
For punitive and exemplary d r iages against the individual Uefendants for the
FirSt and Cfiird Causes of Action
P or such other and further relief as tl e Court deems just and pt oper
DATED
December 7
2016
GERAGOS
lU
r GERAGOS
APC
1I
r
RK J GFRAGOS
z
z
By
12
W
vi c l
BEN 7
13
Z
y
V J
MEISELAS
ALEX ALARCON
l
L iliu
vJ
r
1 J
QO
16
DE
17
18
E laintiffs TF IE ESTA IE
F JA1 1ES H
LI
19
Z
DATED
Decc
mber
7 2016
GERAGOS
GFRr1GUS APC
21
22
gy
1
RK J GERAGOS
BLN J
24
MEISELAS
ALEX ALARC nN
Attorneys for Plainriffs
25
2b
7
g
11
cotiir
crs
GERAGOS