Estate of Cornejo Ex Rel. Solis v. City of Los Angeles

Good Law
618 F. App'x 917
United States Court of Appeals for the Ninth CircuitJuly 23, 201512-56847California1,396 words

Opinion

Opinion

MEMORANDUM

Mauricio Cornejo fled from Los Angeles police after he was asked out of his car during a traffic stop in February of 2007. Cornejo was not an upstanding citizen: he was a gang member with an outstanding warrant, though it is unclear if the officers knew this at the time. Regardless, during the ensuing encounter the officers beat Cornejo severely. After Cornejo was subdued, the officers failed to seek medical care for him despite his obvious injuries and difficulty breathing. By the time the officers arrived at the station with Corne-jo, he was unresponsive and had to be carried into the building. After placing him in a holding cell, the officers finally summoned medical help, but Cornejo was dead by the time it arrived.

Cornejo’s children, as his successors in interest, brought suit for violations of his constitutional rights actionable under 42 U.S.C. § 1983 , as well as state law battery, negligence, and wrongful death claims. A jury found that Defendants had violated Cornejo’s Fourth Amendment rights by using excessive force and unreasonably denying him medical care. The jury • also found Defendants liable for battery, negligence, and wrongful death.

Defendants…

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