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Walter DeLeon's Complaint Against LAPD for the unlawful use of excessive force, shooting him in head and causing catastrophic damages, all for holding a towel.
Walter DeLeon's Complaint Against LAPD for the unlawful use of excessive force, shooting him in head and causing catastrophic damages, all for holding a towel.
Walter DeLeon's Complaint Against LAPD for the unlawful use of excessive force, shooting him in head and causing catastrophic damages, all for holding a towel.
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GERAGOS & GERAGOS
‘APROFESSIONAL CORPORATEN
“ramon 212) 505.9909
MARK J.GERAGOS SBN 108325
BENJ.MEISELAS SBN277412
ZACKV.MULIAT SBN 304531
WY 2-930 sue
Attorneys for Putative Plaintiff Walter DeLeon in his individual capacity, ani?Yovanna
Deleon as Court Appointed Conservator to Walter DeLeon
CALIFORNIA GOVERNMENT TORT CLAIM SECTION 910
CITY OF LOS ANGELES, LOS ANGELES POLICE DEPARTMENT
WALTER DELEON, an individual;
YOVANNA DELEON as court-appointed
conservator to WALTER DELEON;
Putative Plaintiffs,
ad,
CITY OF LOS ANGELES; LOS
ANGELES POLICE DEPARTMENT;
CAIRO PALACIOS, and DOE
OFFICERS 1-10;
Putative Defendant.
‘CALIFORNIA GOVERNMENT TORT CLAIM ~SECTION9T0—
Claim No. UNASSIGNED
CALIFORNIA GOVERNMENT TORT
CLAIM PURSUANT TO SECTION 910,
ETAL; NOTICE AND INTENT TO SUE
CITY OF LOS ANGELES, LOS
ANGELES POLICE DEPARTMENT,
OFFICER CAIRO PALACIOS, DOE
‘OFFICERS 1-10;
City Clerk, City of Los Angeles
200 N. Spring Street, Room 360
Los Angeles, California 9001210
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1. STATEMENT OF CLAIM
‘Walter DeLeon brings this Notice of Claim pursuant to California Goverment Code
Section 910 against the City of Los Angeles, the Los Angeles Police Department, Los
‘Angeles Police Department Officer Cairo Palacio, and DOE Officers 1-10 for their unlawful
and oui-of-protocol shooting of Mr, DeLeon, a 49-year-old unarmed Latino male, Officers
shot Mr. DeLeon in the head on June 19, 2015 for holding a towel, causing catastrophic
{injuries including, but not limited to, (1) the loss of 1 pound of eranial mater, (2) 2 weeks in
«coma, (3) the inability to walk (4) the loss of an eye and the near complete and permanent
blindness in the other eye, (5) the impairment or loss of most cognitive functions, (6) daily
and sometimes hourly “flashbacks,” “nightmares.” or “daymares” of being shot inthe head,
and (7) related catastrophic injuries causing the complete loss of sensations and enjoyment of
life.
‘Through approximately five months in the neurology trauma center at LAC + USC
Hospital and Rancho Los Amigos National Rehabilitation Center, nine massively
complicated life-or-death surgeries, and through the unyielding daily support of his sister,
‘nephews, family, and daily mursing care, Mr, DeLeon managed to survive the unthinkable,
‘Mr. DeLeon’s survival is nothing short ofa miracle.
pare
“Walter DeLeon before and after the LAPD shooting.EE Ra
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Although almost everything has been taken from Mr. DeLeon by the LAPD and
Officer Palacios as a result oftheir unthinkable and inexcusable use of excessive force, what
‘miraculously remains is Mr. DeLeon’s voice. Since LAPD has refused to hold inelf
‘accountable, Mr. DeLeon brings this action to offer his voice to those silenced by unlawful
police killings. Mr. Deleon brings this action to hold LAPD accountable for its conduct, to
‘change and reform LAPD policy, procedure, and training, and to prevent future victims of
police misconduct in this City of Los Angeles, throughout California, and throughout the
nation.
*Walter DeLeon [center] at a family plenie prior to the shooting.
I THE JUNE 19, 2015 UNLAWFUL SHOOTING
Walter DeLeon was a family man and hard worker. He had held jobs in construction
‘and contracting. In his diverse career endeavors, he even worked as a legal assistant for a
Jaw firm,
On Sune 19, 2015, Walter DeLeon left his home for an early evening walk towards
‘nearby Griffith Park. Mr. DeLeon frequently made such walks with his young nephews in
‘tow; thankfully neither accompanied him that day. Mr. DeLeon previously worked as a
hayride driver at Griffith Park during Halloween and adored the perk and the community.
‘CALIFORNIA GOVERNMENT TORT CLADM~ SECTION TO10
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Mr. DeLeon lived nearby the park. Mr. DeLeon carried with him a grey towel to wipe the
‘sweat from his brow on that summer day.
‘At approximately 6:30 pam, Mr. DeLeon was walking on the south side ofthe 4300
block of Los Feliz Boulevard, mere blocks from the entrance to Griffith Park. Gridlocked
traffic snaried the street, and Officer Cairo Palacios and his partner—who LAPD has refused
{to name—were ata standstill in their eruise, inching along in the eastbound lane closest to
the sidewalk on which Mr. DeLeon walked,
‘Witnesses confirm that the officers began conversing with Mr. DeLeon from their
cruiser, Mr. DeLeon remained in a grassy area between the sidewalk and the curb, and did
‘not move onto the street where the officers’ vehicle was located, The conversation lasted
‘mere seconds before Officer Palacios rushed out ofthe patrol car, drew his gun, and without
‘warning, immediately opened fire. Officer Palacios fired multiple rounds at Mr. DeLeon,
striking him inthe right side of his head. Mr. DeLeon was knocked to the ground and was
‘completely incapacitated as he began to bleed out from his head.
For a significant period of time, Officer Palacios and his partner stood idly by, not
knowing what to do and watching Mr. DeLeon bleed out. After some time, the officers
approached Mr. DeLeon, unconscious and bleeding profusely ftom his head wound, and
‘haphazardly rolled him onto his stomach before handouffing him.? Neither officer provided
hhim with medical attention or assistance of any sort. The entire encounter between Mr.
DeLeon and the officers, from their initial conversation to the sudden shooting, lasted
approximately 30 seconds. No witness reported seeing anything in Mr. DeLeon’s hands that
resembled weapon; he only carried a towel. Community members who saw the uncaring
LAPD officers, who first hovered over Mr. DeLeon’s body and then roughly flipped him
over, ran out of their homes to offer assistance and medical help to Mr. DeLeon.
Following the shooting, LAPD provided bizarre, contradictory, and conflicting
statements attempting to claim that the towel held by Mr. DeLeon was somehow a dangerous
‘object or thatthe officers viewed the towel as being menacing. These pretextual grounds for
* Footage ofthe officers ‘Mr. DeLeon las since gone viral. See RT, Cops
shoot man in head who waved for help with towel, YouTube (lune 84, 2015),
Inps-/wvwn.youtube.com/watch’mky WEWWaxXimU.Ea,
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attempting to justify the horrific and unlawful shooting of Mr. DeLeon for holding a towel
‘demonstrate the broader, disturbing culture of ex post facto LAPD justifications of anything.
“Walter DeLeon recovering in his sister's care.
IIL LAPD SYSTEM FAILURES
LAPD officer-involved shootings have doubled in 2015 from the previous year. The
lack of transparency and accountability inthe shooting of Walter DeLeon is consistent with
this disturbing statistic and demonstrates its root cause: LAPD's pattem and practice of
sending inadequately rained officers to patrol the city with @ “shoot-first and cover-up the
facts later” mentality.
‘The LAPD Officers involved in the shooting of Mr. DeLeon, including Officer
Palacios and his partner, were new to the force. Three years ago, these officers worked for
the City of Los Angeles’ Department of General Services providing security at public
landmarks. They were only added tothe rolls ofthe LAPD when it absorbed the Department
‘of General Services security detail in early 2013. Officer Palacios and his partner primarily
‘patrolled Griffith Park, much as they had previously provided security at other public places,
with the crucial difference being thet they were suddenly full-fledged LAPD officers by
virtue ofthe merger.
‘CAEIFORNIA GOVERNMENT TORT CLAIM - SECTION TOAES
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Officer Palacios and his partner were not equipped with body-cameras. Their
vehicles were not equipped with dashboard cameras. There were no knowa recording
devices in their vehicle or on their person to provide a much needed layer of scrutiny
regarding their conduct. The combination of improper and inadequate training of officers,
the lack of checks and balances on LAPD officer conduct, and an unarmed Latino man
‘named Walter DeLeon walking with a towel in an upscale Los Feliz neighborhood created
the conditions for, and the result of, catastrophe.
v.
‘Permanent and catastrophic injuries identified herein;
‘+ Consequential damages;
‘+ General and special damages in excess ofthe jurisdictional limits of this State.
Loss of past /furure income.
‘+ All damages permitted by State and/or Federal Law.
DATE AND LOCATION OF INCIDENT
June 19, 2015 through present;
‘Ator around 4033 Los Feliz Boulevard, Los Angeles, California 90027.
‘VL NAMES OF PERSONS CAUSING INJURIES:
‘The City of Los Angeles;
‘The Los Angeles Police Department;
Los Angeles Police Department Officer Carlos Palacios; and
DOE Officers 1-10
VIL. ACTS OR OMISSION CAUSING INJURIES:
Violation of constitutional rights and liberties;
‘Violation of due process;
42US.C. §1983 clams;
“CALIFORNIA GOVERNENT TORT CLAIM SECTION 310AE oa,
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Monel violations;
False arrest False imprisonment;
Negligence, negligent hiring, negligent supervision and training;
Tnteationl infliction of emotional distress,
‘Negligent infliction of emotional distress;
Violation of Civil Code section $1 ef 8¢@
Violation of Civil Code section $2 er se,
‘Wrongful detention unlawful search, seizure, assault, excessive fore, batery.
‘VII NAMES AND ADDRESSES OF WITNESSES:
The City of Los Angeles;
‘The Los Angeles Police Department;
LAC + USC Hospital
Rancho Los Amigos National Rehabilitation Center
Pereipient Wimesses to Incident
IX. ADDRES TO WHICH NOTICES SHOULD BE SENT
Walter William DeLeon
‘fo Mark J. Geragos, Esq, Ben J. Meiselas, Esq, and Zack V. Maljt, Esq.
GERAGOS & GERAGOS, APC
(644 South Figueroa Street
Los Angeles, California 90017-3411
DATED: December 2, 2015
ao RRA ERENT TORT CLA SECTION SIOGemacost
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‘PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES.
1am employed inthe County of Los Angeles, State of California. Lam over the age
‘of 18 and not a party to the within ation, my business adds is 644 Souh Figueroa Suet
os angses, Caforia 001734110
On December 2, 2015 I served the foregoing document(s) desribed as
CALIFORNIA GOVERNMENT TORT CLAIM PURSUANT TO SECTION 910, ET
AL; NOTICE AND INTENT TO SUE CITY OF LOS ANGELES, LOS ANGELES
POLICE DEPARTMENT, OFFICER CAIRO PALACIOS, DOE OFFICERS 1-10;
‘on the interested parties inthis action addressed s follows:
Government Tort Claim Intake
City Clerk, City of Los Angeles
200 N. Spring Street, Room 360
Los Angeles, California 90012
Said service was made true copies thereof enclosed in a sealed enveloy
sevice wat made by placing te copes hereof ee TO)
@ (BY PERSONAL DELIVERY) T caused the above documento be served personal
Siheadivosloted bore - eee
Executed on December 2,2015 at Los Angles, California.
I declare under penalty of perjury under the laws ofthe State of Califo thatthe
Taueand comes
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GALRRORNTA GOVERNMENT TORT CLAIM(~ SECTION I~