LOS ANGELES – A federal appeals court on Wednesday affirmed a $4 million award to a formerly homeless Lancaster couple for a warrantless raid by deputies that caused a man to lose a leg.
Angel Mendez and his wife sued Los Angeles County five years ago, alleging excessive force and federal civil rights violations.
The couple were living in a makeshift dwelling in 2010 when they were shot by sheriff’s Deputies Christopher Conley and Jennifer Pederson, members of the Community-Oriented Policing Unit, during a warrantless raid while searching for a parolee-at-large, according to court papers.
Mendez, who was holding a rifle-style BB gun, was critically injured, resulting in the amputation of one of his legs. His wife, who was pregnant at the time, was struck once by a bullet, which shattered her collar bone.
U.S. District Judge Michael W. Fitzgerald handed down his ruling in August 2013, awarding $3.8 million to Mendez and $222,000 to his wife, for damages resulting from Fourth Amendment violations by the deputies.
According to Fitzgerald’s ruling, Conley and Pederson “violated Mr. and Mrs. Mendez’s constitutional right to be free from an unreasonable search based on the manner of entry.”
The deputies appealed to the U.S. 9th Circuit Court of Appeals, unsuccessfully arguing that the dilapidated wooden shack did not appear to be a residence and consequently a warrant was not required.
Affirming Fitzgerald’s finding, the appellate panel determined that the deputies should have known that the shack was occupied, since it was “surrounded by an air conditioning unit, electric cord, water hose, and clothes locker.”
Previous related story: Sheriff candidates respond to attorney’s call for accountability
James Williams says
Well even though this badge toting gang does what they want,this time they cost all of us money.And for you Misinformed people who think homelessness is a choice,… Think again, you could be in their shoes sooner than you think, if you are one who believes everything you read , then simply believe that this time the cops where one hundred percent wrong.
JS says
They definitely use that badge. They believe the law doesn’t apply to them. I don’t believe it’s all sheriff’s I’ve encountered some good people in law enforcement. But just like at my job you have power hungry control freaks only these people have badges and guns and they are not afraid to use them. I talked with the wife of a sheriff here in town and she said “I want my husband to come home at the end of the day any cost even an incocent life”. So just be aware people they will shoot you! Keep your hands where they can see them at all times.
Mike says
Guess they won the dirtbag lottery. We taxpayers get to pay now
Why should cops assume someone is living in a shed? And why was he pointing a weapon at the cops?
If the elected officials and judges would grow a spine and back the cops up instead of just paying off these losers to shut up and go away we’d have less crime and less taxes.
JS says
Good one Mike just more hate to feed the fire. Because they were told homeless people lived back there by one of their own Your right we all should back the police but in my opinion what’s right is right. Maybe they just should have adhered to protocol and we all would be better off. Until then we will continue to bailout and justify stupidity. Don’t worry it will happen again and hopefully not someone you know and love mike.
JS says
Don’t worry Mike you won’t even notice the difference on your check if you do I’m sure angel will help you out. =)
JP says
Do you know how hard it is to beat the county of Los Angeles? They have deep pockets my man. The police were obviously at fault.
Tim Scott says
How about you grow a spine and back THE LAW. Y’know, that thing the cops are supposed to follow just like everyone else.
Jp says
In my opinion that is what the judge did. Hats off to him for doing the right thing.
jip joe says
Cops should not have guns period. They grew up playing Halo and now they believe everyone is a target. Insecurity run amok.
Ingrid Reindeer says
This judge is out of his mind! It doesn’t matter how “nice” the people are. You don’t hold a gun when the police are approaching. Fake gun or real gun makes no difference. Here’s a bit of advice, if you don’t want to get shot by the police, drop your weapons, follow all their orders and and be respectful when you speak with them.
Tim Scott says
Here’s a bit of advice for the county…if you don’t want to get sued don’t let the cops kick in doors without a warrant.
JS says
Right?
JS says
That’s nine ingrid but they never gave him a chance to put it down they came in guns a blazin!
JS says
Ingrid know the facts before you put somebody in a negative light. Fair enough?
Ingrid says
I do know the facts! One of the sheriffs is a very good friend of mine. There is nothing you can say that would make me feel different. And trust that I am holding back on a lot of very nasty things that I would like to say about those people and what they deserve. I am too much a professional to sink that low. We all know exactly what kind of people they are.
Tim Scott says
Wahhhhhh!!!!! The court won’t listen to me but my good friend Ingrid will.
What makes you think you good friend is telling you the truth. Truth that just happens to make them look better that “of course” the justice system isn’t listening to.
Go polish your friend’s badge.
Laura S. says
I agree Tim. Good reply to the deluded Ingrid. :)
JS says
There are two sides to every story and I’m sure you trust your friends as would i,but the judge heard both sides and made his decision. You seem sincere but remember sincerity doesn’t equal truth. And yes we do know what kind of people they are , the forgiving kind.
Jp says
It is to serve and protect, not seek and destroy!
James Williams says
If you haven’t noticed.There are plenty of people being shot by cops while not armed or holding anything.There are just too many scared,trigger happy people in Law Enforcement.No Excuses,just fact.
JS says
That’s what I’m talking about! No excuses just results.
George says
I think over a ur ago out in little a 90 ur old guy got wasted by a bad deputy info losing a busted in a shot this man up while in bed we can go on with others. But bottom line more training better Intel and being smart
And yes Mary holding a gun is not a crime
T says
When you work with Law Enforcement, you always want to believe they do the right thing. But in all reality, intentional or not, mistakes are made because we are human and react differently. Angel and His Wife went through some really really tough times. I believe GOD had a hand in turning their lives around for the better. Unfortunate things may have happened but in the end, it was all planned for the best. Best Wishes to Angel and His Family!
JS says
Well said.
Judy says
This is BS. Cops are supposed to have search warrants for illegal make shift dwellings? Then the guy is holding aBB gun? This judge is outta his mind! Never hold a gun when the cops are coming in, warrant or not!
JS says
Judy you seem like a smart person, look at the facts before you cast judgment. If it was your child or husband in his shed minding his own business, on private property mind you holding a legal bb gun,while the police barge in with no warning and begin to shoot striking your husband or child not to mention pregnant unarmed “bb gunless’ girl you might change your opinion. If you think its ok for police to come into your house with out a warrant and shoot you in your home this country is worse off than I thought. Homeless or not, nobody deserved that the judge and other police officers agree. It was just a bad day for everyone.
Robnjes says
I’m curious Judy what would your leg be worth to you? How about being permanently disabled and not being able to run, hike, play with your kids? What about your collarbone? What would that be worth to you? Or either of those body parts on one of your kids or parents then what do you think they would be worth?
Without the knowledge and permission of the owner the police are not allowed on the property…. period! There are paroles at large daily in the AV and it wasn’t like they were chasing the guy. No matter how you slice it the cops were the first one to make a mistake. BB gun or no BB gun.
Angel I’m glad this is over finally and you and your family can move on from this. Love to the family. Say hi to your brother for us too!!!
Mary says
Why was he holding aBB gun?
JS says
What if it was a stick? They would have had the same results. The real question is why didn’t they anounce they were out there? We see it on TV all the time. Knock knock knock open up its the cops! We need to ask the right questions people!
K says
They were looking for a criminal hiding out in a shed. Cops don’t usually knock on shed’s”knock knock criminal, come on out”. Stupid answer.
JS says
They do set up perimeter. Make sure fugitive don’t get away.maybe wait for back up? Bottom line mistakes were made .you like that answer? I have more.
JS says
She said why was he holding bb gun. Read first comment then reply.
JS says
Tell it to the judge . There was no criminal! They never saw any one. It was just a tip.and a young lost his leg and almost his life not to mention his wife and unborn child.
JS says
K your comment is ignorant. Know the facts fella.
Stefanie says
So what do they “usually” do K? Just shoot it up and burn it down? Damn I hope you aren’t a cop.
Loudspeaker saying suspect come out we have you surrounded. To protect the innocent possibly inside.
Penny says
This family deserves this money. I know them personally & I can honestly say that Angel is a wonderful person, he didn’t deserve what happened to him. Los Angeles County sheriff’s need to get a grip on their department as they ate out of control. He did NOT deserve to be sprayed with bullets like that was very exessive. So pay him for his losses & start training your deputies to show good judgement when it comes to this kind of force.
T says
Wasn’t he holding a BB gun when the cops came in? That is reason enough for them to fire.
JS says
Not if they don’t anounce. He didn’t know they were police. They just barged in and started shooting. Are we not allowed bb guns anymore? “You’ll shoot your eye out kid!”
mike c says
And what if he just happens to be holding a bob gun (which is totally legal) when the cops kick his door in? I know Angel too and I guarantee you 100% without any doubt whatsoever that he wasn’t pointing that Bob gun at the police when they opened fire on him. He is such a like able person he has never had any reason in his life to point a gun at anyone. The cops kicked the door in to his plywood shed he called home and the lady cop yelled “gun” and they both started opening fire on the guy. When they shot his girlfriend it was in her upper back. An unarmed woman that stands about 5 foot tall and weighed about 90 pounds and they shot her in the back. I’m happy as hell for both of them. I wish they could have got ten million. The cops were wrong here and I wished they both would have been fired.
George says
It doesn’t mean all law enforcement people are smart , pay the people ,and learn from mistakes yes dummy had a bb gun maybe use a bull horn next time .
Js says
So if you have a bb gun your a dummy? Just so you know things like this happen very fast. Elvis said it best. “Wise men say only fools rush in”.
H says
They deserve that money
JS says
Yes they do
Stefanie says
Truly they deserve the money and their civil rights protected through our constitutional rights. They seem to be diminishing. People protect your rights.
FF says
Good for them I hope this settle rapes those cops pension and makes them suffer as this family has suffered.. [removed] thoughtless bastards
JS says
The family doesn’t wish that pain on anyone. But thank you for your sentiments.