Courts find police may be sued in death

[InterestedInCA]

The supposed incident: Two police officers responded to a call for a man on his front porch in need of critical care. They recognized the need for critical care yet canceled the paramedics en route, kicked down the door of the victim's home and placed the victim inside where he found dead the next morning. The District, Appellate and Supreme Court ruled that the two officers may be sued in the cause of the man's death (97 Cal. Daily Op. Ser v. 4285, 97 Daily Journald.a.r. 7173maria Penilla, Michael Penilla; Juan Penilla, by Andthrough Maria Penilla Administratrix Estate,plaintiffs-appellees, v. City of Huntington Park, Defendant,andjoseph Settles; Ioane Tua, Defend).

As they were public officers, is there any way to learn how the case was disposed? Were they terminated? Was the case settled? Was the reverse proven? City meetings on the matter were held under closed circumstances.

Help is appreciated to help me navigate through these unfamiliar areas.

 

[CdwJava]

Personnel matters are protected from public disclosure in most instances. Since there seems to be a dearth of information available on any internal affairs investigation (a quick search of Google struck out), it appears the agency was successful in keeping the matter private pursuant to state law.

I suspect that if the facts are as alleged, that they stood a very good chance of being terminated. Provided the facts were as stated, that is.

And you can check with whatever court the suit was filed in to see if the matter was settled or went to jury. I suspect the city settled for a hefty sum out of court.

- Carl

 

[InterestedInCA]

Finding the court

Carl, thanks so much for your response. You indicated checking with the court where the suit was initially filed, but I've only found record of the District Court of Appeals decision and ultimately the US Supreme Court's decision. Pardon my ignorance, but how might I find out what court originally heard the case? Google and meta searches only show me the above mentioned decisions and the countless times the decisions have been cited in cases since.

Help is, again, appreciated.

 

[CdwJava]

Carl, thanks so much for your response. You indicated checking with the court where the suit was initially filed, but I've only found record of the District Court of Appeals decision and ultimately the US Supreme Court's decision. Pardon my ignorance, but how might I find out what court originally heard the case? Google and meta searches only show me the above mentioned decisions and the countless times the decisions have been cited in cases since.

Help is, again, appreciated.

The appellate courts likely threw the matter back to the local courts for a disposition. So, if you are truly seeking to find out who won or what the resolution was (if the resolution was made public) then you should start with the court where the suit was filed against the officers and the agency be it state or federal court.

Such a search will likely NOT result in details available on line. A request would likely have to be made in writing or in person. You should call the court(s) and ask how you could get a copy of the resolution and what the cost might be.

This appears to be the originating court:

"United States District Court for the Central District of California" ... here is their web site:

http://www.cacd.uscourts.gov/

- Carl

 

[divona2000]

As they were public officers, is there any way to learn how the case was disposed? Were they terminated?...

I did find this from the 'Minutes of the regular meeting of the City Council of the City of Huntington Park held Monday, March 6, 2006.'
Conference With Legal Counsel – Existing Litigation,
Name of case: Ioane Tua vs. City of Huntington Park,
WCAB Case Nos.: MON 0302288; MON 0302288,
City Council authorized the Worker’s Compensation Counsel to settle this matter

...apparently Tua was not terminated after the 1994 incident...?

 

[CdwJava]

I did find this from the 'Minutes of the regular meeting of the City Council of the City of Huntington Park held Monday, March 6, 2006.'
Conference With Legal Counsel – Existing Litigation,
Name of case: Ioane Tua vs. City of Huntington Park,
WCAB Case Nos.: MON 0302288; MON 0302288,
City Council authorized the Worker’s Compensation Counsel to settle this matter

...apparently Tua was not terminated after the 1994 incident...?

More likely he settled with the city or won arbitration for a wrongful termination.

Impossible to say for sure with that information.

- Carl