Pena

I. FACTUAL AND PROCEDURAL BACKGROUND

a. Factual Background Carlos Pena owns and operates a print shop in Los Angeles. On August 3, 2022, an armed fugitive fleeing from law enforcement officers entered Pena’s store, threw Pena out the front door, and barricaded himself inside. 1 The shop

1 The fugitive was armed with at least one firearm, “a pistol with an extended magazine,” which he left at Pena’s shop. On August 15, 2022,

PENA V. CITY OF LOS ANGELES

was then surrounded by LAPD officers and deputy United States Marshals. After a thirteen-hour standoff, in an attempt to subdue the fugitive, LAPD SWAT officers fired dozens of tear gas canisters through the walls, door, roof and windows of Pena’s store. 2 The tear gas damaged the shop, as well as the inventory and equipment inside. Pena alleges that the damages exceed $60,000. 3 The parties do not dispute that the officers’ conduct was authorized, reasonable, and lawful. 4 b. Procedural Background Pena first sought compensation from the United States Marshals Service. The Service denied Pena’s claim and advised him to seek compensation from LAPD. Pena filed two claims with the City of Los Angeles, but…