Case Background
On December 18, 2021, officers responded to a 911 call placed by Sonia Torres. She reported that her brother, Margarito Edvin Lopez, was threatening to end his life. The call brought officers to the family’s home on East Adams Boulevard in Los Angeles. Upon arrival, they located Lopez outside the residence holding a knife. Officers immediately pointed a spotlight at him and ordered him to drop the weapon.
Cause
Lopez did not respond to officers’ commands. He remained seated and silent while officers shouted at him for several minutes. Roughly two minutes into the encounter, police fired a less-lethal round. Despite no threatening movement from Lopez, they continued yelling. Moments later, Lopez stood up and began to turn. Officers responded by firing additional less-lethal rounds and multiple live bullets. Several struck Lopez, bringing him to the ground.
Injury
Lopez sustained multiple gunshot wounds. The officers’ use of lethal force resulted in his death at the scene. His family watched the events unfold in anguish.
Damages
The plaintiffs—Lopez’s family—are seeking compensatory and punitive damages. They request attorney’s fees under civil rights statutes. They also seek redress for emotional trauma, loss of companionship, and interference with their familial relationship.
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): Margarito T. Lopez | Sonia Torres | Keni Lopez | Rosy Lopez
Counsel for Plaintiff: Luis Allen Carrillo | Michael S. Carrillo | Dale K. Galipo | Renee V. Masongsong
Defendant(s): City of Los Angeles | Jose Zavala | Julio Quintanilla
Counsel for Defendants: Ty A. Ford | Michael P. Stone | Michael Dale Williamson | Muna Busailah
Mediator: Richard T. Copeland
Claims
Plaintiffs alleged officers used excessive force and denied Lopez medical care during a mental health crisis, violating his constitutional rights. They also claimed interference with their familial relationship under the Fourteenth Amendment. Against the City, they alleged ratification of misconduct, failure to train, and a pattern of excessive force. State claims included negligence, battery, emotional distress, and violations of the Bane Act.
Defense
In response to the complaint, the City of Los Angeles and officers Jose Zavala and Julio Quintanilla denied many of the plaintiffs’ allegations and raised several affirmative defenses. The City asserted that any force used was justified as self-defense or defense of others, and that individual officers were protected by qualified immunity. It also claimed immunity from punitive damages and invoked multiple statutory immunities under the California Tort Claims Act and related laws. Additionally, the City argued that the plaintiffs were negligent, lacked standing, and failed to mitigate damages.
Officers Zavala and Quintanilla asserted that they acted lawfully, in good faith, and without violating any clearly established rights. They invoked immunities under various California Government and Penal Code provisions, including justifiable homicide. They also claimed the complaint failed to state a valid legal claim and that plaintiffs failed to mitigate damages. Both the City and officers reserved the right to amend their defenses and requested a jury trial.
Order of Dismissal with Prejudice
The U.S. District Court for the Central District of California issued an order dismissing the entire action filed by Margarito T. Lopez, Sonia Torres, Keni Lopez, and Rosy Lopez against the City of Los Angeles, Jose Zavala, Julio Quintanilla, and unnamed defendants. The dismissal is with prejudice, meaning the plaintiffs cannot refile the same claims. This dismissal follows a joint stipulation by all parties under Federal Rule of Civil Procedure 41(a)(1). Each party will bear its own legal costs and attorney fees.
Court Documents
Court documents are available for purchase upon request at [email protected]
