Anaheim hit with legal claims over summer unrest

ANAHEIM – Police actions escalated tension and put bystanders in harm's way in the moments after officers shot and killed an unarmed man who had run for them, according to legal claims filed against the city.

Eight residents of Anna Drive filed claims, seeking $500,000 each for physical injuries, emotional trauma, violations of Constitutional protections against unreasonable search and seizure and other damages. The claims were filed Friday and Tuesday, city officials said.

The city has 45 days to formally respond; if it denies the claims, the residents may then file lawsuits.
Mayor Tom Tait said he had not seen the claims.
"All claims will be seriously looked at," he said.

Sgt. Bob Dunn of the Anaheim Police Department said he could not comment on claims. Representatives from the city attorney's office did not respond to requests for comment.

Each of the claims outlines the events on July 21 immediately after police shot 25-year-old Manuel Diaz, who they said was a known gang member. According to the claims, neighbors began gathering on the 600 block of Anna Drive, questioning why police shot Diaz as he fled, and why he did not receive medical attention as he lay dying. Shouting began, as neighbors called on officers to help Diaz.

Officers responded with "conflicting and incoherent" orders, according to the claims, then brought out batons and fired rubber bullets and pepper bullets to control the crowd.

"In this case, police didn't follow good procedure, and they turned a bad situation worse," said Dana Douglas, the attorney representing the eight Anna Drive residents as well as Diaz's family in a separate lawsuit.

Some in the crowd retaliated by throwing rocks, she said. Her clients and others, however, committed no crime, she said, and did not threaten police.

At the time of the unrest, Police Chief John Welter said officers fired bean bags and pepper spray into the crowd in response to "known gang members" who threw rocks and bottles at police. A K-9 police dog accidentally escaped from an officer's vehicle, he said.

According to the claims:
•Junior Lagunas was bitten by an unleashed police dog as he tried to protect his young son, who was in a stroller. He saw his mother hit with rubber bullets and feared for her safety.
•Benjamin Ventura, a minor, was shot multiple times with rubber and pepper bullets. His injuries sent him to Western Medical Center.
•Susan Lopez was walking by the scene, pushing her infant daughter in a stroller. She shielded her daughter from rubber bullets and the police dog, but suffered injuries herself.
•Jose Herrera was struck with rubber and pepper bullets. Under emotional and physical stress, he had a seizure and was taken to Western Medical Center.
•Jose Jaime Aguilar-Lopez was shot with rubber and pepper bullets, eventually losing consciousness and falling to the ground. When he came to, he saw police shooting at his father in the back with rubber and pepper bullets. As he went to help his father, police shot at him again.
•Yesenia Rojas was struck with rubber and pepper bullets as she tried to protect her son and grandson. She then watched the police dog attack them and officers shoot at them.
•Yoseline Alonso, 11, was shot with rubber and pepper bullets in the leg, causing her to fall to the ground.

Two other men filed claims against the city in August. Anaheim residents Victor Gonzalez and Jesus Reyna said they were protesting the shooting when they were shot with rubber bullets. According to court records, they have not yet filed lawsuits.

Read More: http://www.ocregister.com/news/police-408849-claims-bullets.html