Penilla

In the late morning of May 15, 1994 Juan Penilla (“Penilla”) was on the porch of his home in Huntington Park, California. 1 He became seriously ill. His neighbors and a passerby called 911 for emergency medical services, and attempted to assist Penilla until emergency services arrived. Huntington Park Police Officers Settles and Tua arrived first. The officers examined Penilla, found him to be in grave need of medical care, cancelled the request for paramedics, broke the lock and door jamb on the front door of Penilla’s residence, moved him inside the house, locked the door, and left at approximately 11:30 a.m. The next day, family members found Penilla dead on the floor inside the house. He died as a result of respiratory failure.

One year later, Maria Penilla, the decedent’s mother, Michael Penilla, the decedent’s brother, and decedent’s estate brought an action against the City of Huntington Park, its police department, its chief of police, and officers Settles and Tua (“the officers”) alleging violations of 42 U.S.C. § 1983 and pendent state tort claims. 2 Officers Settles and Tua appeal the district court’s denial of their Fed.R.Civ.P. Rule 12(b)(6) motion for…