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$250,000 Settlement When Police Beat California Man to Death Over Misdemeanor Arrest
$250,000 Settlement When Police Beat California Man to Death Over
Misdemeanor Arrest
A 39 year old California man was beaten to death by police while being
arrested for misdemeanor trespass. The deceased man's estate did not
participate in the settlement by plaintiffs and instead pursued a jury trial.
Ricardo Escobedo resisted City of Redwood police while being searched and
cuffed for misdemeanor trespass. Witnesses reported that he was already
cuffed and face down when several police officers used pepper spray,
nunchakus, combined body weight and choke holds until Escobedo stopped
screaming "My neck, my neck!" and fell silent. He was then placed in a
squad car until ambulance personnel who tried to move him realized he was
dead. An autopsy, which revealed eight broken ribs and a bilateral fracture
of the thyroid cartilage, found the manner of death to be homicide. The
plaintiffs' expert stated the cause of death was asphyxiation.
In response to pressure by police, the coroner changed the manner of death
to unknown. The defendants claimed the use of force was lawful because of
Escobedo's resistance and because the officers felt they were in danger.
Judge Jenkins granted in part and denied in part the defendants' motion for
summary judgment, leaving intact the plaintiffs' claims for excessive force
against the police officers, deprivation of familial relationship, and
wrongful death.
A settlement conference before Magistrate Judge Zimmerman was held on
January 31, 2005, during which two of the plaintiffs, Escobedo's minor
children, Justin and Devin, agreed to settle for $250,000. Escobedo's
estate refused to participate. See: Escobedo v. City of Redwood, USDC, ND
CA, Case No. C03 03204 MJJ.
Subsequently, the defendants attempted to enforce the settlement against
Escobedo's estate, despite the fact that the estate had not participated in
the settlement conference. Also, Devin later tried to withdraw from the
settlement, which had been agreed to by his mother as his guardian without
his input. The District Court, in an order dated March 2, 2006, denied the
defendants' motion to enforce the settlement agreement against the estate,
and agreed that the settlement should be enforced against Devin. See:
Escobedo v. City of Redwood, USDC, ND CA, Case No. C03 03204 MJJ (2006 WL
571354).
The Defendants also refused to pay $83,325 in attorney fees as part of the
settlement amount until they obtained a signed release from one of the
plaintiffs as a representative of the estate. However, the Court held this
was improper since the estate was not part of the settlement agreement, and
ordered the funds to be paid immediately. See: Escobedo v. City of Redwood,
USDC, ND CA, Case No. C03 03204 MJJ (2006 WL 2642541).
Misdemeanor Arrest
A 39 year old California man was beaten to death by police while being
arrested for misdemeanor trespass. The deceased man's estate did not
participate in the settlement by plaintiffs and instead pursued a jury trial.
Ricardo Escobedo resisted City of Redwood police while being searched and
cuffed for misdemeanor trespass. Witnesses reported that he was already
cuffed and face down when several police officers used pepper spray,
nunchakus, combined body weight and choke holds until Escobedo stopped
screaming "My neck, my neck!" and fell silent. He was then placed in a
squad car until ambulance personnel who tried to move him realized he was
dead. An autopsy, which revealed eight broken ribs and a bilateral fracture
of the thyroid cartilage, found the manner of death to be homicide. The
plaintiffs' expert stated the cause of death was asphyxiation.
In response to pressure by police, the coroner changed the manner of death
to unknown. The defendants claimed the use of force was lawful because of
Escobedo's resistance and because the officers felt they were in danger.
Judge Jenkins granted in part and denied in part the defendants' motion for
summary judgment, leaving intact the plaintiffs' claims for excessive force
against the police officers, deprivation of familial relationship, and
wrongful death.
A settlement conference before Magistrate Judge Zimmerman was held on
January 31, 2005, during which two of the plaintiffs, Escobedo's minor
children, Justin and Devin, agreed to settle for $250,000. Escobedo's
estate refused to participate. See: Escobedo v. City of Redwood, USDC, ND
CA, Case No. C03 03204 MJJ.
Subsequently, the defendants attempted to enforce the settlement against
Escobedo's estate, despite the fact that the estate had not participated in
the settlement conference. Also, Devin later tried to withdraw from the
settlement, which had been agreed to by his mother as his guardian without
his input. The District Court, in an order dated March 2, 2006, denied the
defendants' motion to enforce the settlement agreement against the estate,
and agreed that the settlement should be enforced against Devin. See:
Escobedo v. City of Redwood, USDC, ND CA, Case No. C03 03204 MJJ (2006 WL
571354).
The Defendants also refused to pay $83,325 in attorney fees as part of the
settlement amount until they obtained a signed release from one of the
plaintiffs as a representative of the estate. However, the Court held this
was improper since the estate was not part of the settlement agreement, and
ordered the funds to be paid immediately. See: Escobedo v. City of Redwood,
USDC, ND CA, Case No. C03 03204 MJJ (2006 WL 2642541).
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Related legal case
Escobedo v. City of Redwood
| Year | 2005 |
|---|---|
| Cite | USDC, ND CA, Case No. C03 03204 MJJ |
| Level | District Court |
| Conclusion | Settlement |
| Attorney Fees | 0 |
| Damages | 250000 |
| Injunction Status | N/A |