In declining to take up the case involving Angel and Jennifer Mendez, the nation’s highest court upheld an appellate panel’s finding that the deputies were liable for the warrantless raid while searching for a parolee-at- large.
Angel Mendez and his wife sued Los Angeles County eight 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 Deputies Christopher Conley and Jennifer Pederson, members of the Community-Oriented Policing Unit. 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. [ View video footage shot by LASD immediately after the shooting incident here.]
U.S. District Judge Michael W. Fitzgerald handed down his ruling for the plaintiffs in Los Angeles federal court in August 2013, awarding $3.8 million to Mendez and $222,000 to his wife, for damages resulting from Fourth Amendment violations by the deputies.
The deputies appealed to the U.S. 9th Circuit Court of Appeals in 2016, unsuccessfully arguing that the dilapidated wooden shack did not appear to be a residence and consequently a warrant was not required.
Affirming Fitzgerald’s finding, the appellate panel determined that the deputies should have known that the shack was occupied, since it was “surrounded by an air conditioning unit, electric cord, water hose, and clothes locker.”
County lawyers then appealed to the Supreme Court, which overturned the appellate ruling. [Read more here.]
However, the 9th Circuit upheld the ruling last year, again finding the deputies liable. This time, the Supreme Court declined without comment to consider a further appeal.
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Homeowners says
Most homelessness is caused by low intellect, emotional and mental problems and it is not laziness
Alby says
Good idea… owning a rifle style bb gun in your homeless encampment to hunt rabbits or birds for food. Bad idea… holding a rifle style bb gun in front of a trained itchy-fingered cop. Better idea… elimitating homless encampments that smell like feces and hepatitis.
Alby says
Why was he holding a rifle style bb gun in front of the cops?
Jacuff says
When homeless usually you lack intellectual analysis and reasoning this is why they are homless
Alexis says
Law Enforcement? Lawless Enforcement! Good for you, Angel and Jennifer Mendez! Warrant less raids, fabricating evidence, etc. This is why the trust is gone between many citizens, and so called peace officers.
Surfside 6 says
Keep the payouts coming! There’s still a few taxpayers that haven’t fled the state yet…
Tim Scott says
Yeah, you should probably move to one of those states where they just shrug when the cops shoot unarmed people so we can hope that it happens to you.
Warrantless Raid says
The plaintiff$ won’t be homeless anymore.
Dave Hoffmeyer says
Good to hear, congratulations Angel and Jen hope you finally get your settlement.
Jason Zink says
Right decision. Easy decision. The County should of never appealed it to the Supreme Court. Wasted a million dollars in attorney fees (tax dollars) fighting a case that should of been paid to the victims years ago.