The parents of a man killed in a deputy-involved shooting in Canyon Country have filed a civil rights lawsuit against the county of Los Angeles and the Sheriff’s Department.
(Scroll down to read complaint)
Plaintiffs Miguel Hernandez and Anna Hernandez allege that the unidentified deputy sheriff who shot their 39-year-old son, Miguel A. Hernandez, on Jan. 14 following a traffic stop violated his – and his family members’ – 4th and 14th Amendment protections.
Their civil suit notes that the parents are Hispanic and accuses the deputy of using “unreasonable, unjustified force and violence, causing injuries which resulted in (their son’s) death, all without provocation, and all in violation of the rights, privileges and immunities” of the amendments.
The parents specifically allege that they, the parents, have the right under the due process clause of the 14th Amendment to be “free from state actions that deprive them of life, liberty, or property in such a manner to shock the conscience,” to wit, “unwarranted state interference in their familial relationship with their son,” who is now dead.
What “shocked the conscience,” according to the complaint, was “shooting at an unarmed person, shooting at a non-dangerous person, shooting at that person when that person did not pose a threat, apply pressure to the body of someone who has just been shot, failing to summon medical care promptly,” and participating in the mentioned conduct.
Hernandez’ parents are seeking compensation for their “grief, emotional distress and pain and suffering and loss of comfort and society (and) loss of support.”
In addition suing the county and the law enforcement agency, they are seeking additional punitive damages from the individual deputy or deputies.
Attorney John Burton
The incident occurred around 7:50 p.m. near Shangri-La Drive and Nathan Hill Drive. According to a subsequent news release from Sheriff’s Sgt. Bob Boese, a Santa Clarita Valley Sheriff’s deputy saw a vehicle that matched the description from an “assault with a deadly weapon” call the previous day in Newhall.
Hernandez was behind the wheel of the vehicle the deputy saw on Shangri-La Drive in Canyon Country. Another adult male passenger was also in the car.
“(The deputy) conducted a traffic stop on the vehicle,” according to the Sheriff Department news release. “As soon as the vehicle came to a stop, the driver quickly exited the vehicle and started yelling profanities at the deputy while appearing to (challenge the deputy) to a fight.
“The deputy gave several commands to the driver to put his hands in the air,” according to the news release. “The driver refused to comply. The deputy continued to give commands to the driver. The driver ignored all commands, turned his body and aggressively reached behind his back appearing to retrieve a weapon, and began to draw the possible weapon on the deputy.”
“The suspect was struck by gunfire and transported to a local hospital where he was pronounce dead,” the news release states. “A knife was recovered at the scene.”
The statement did not specify who had been in possession of the knife, and there was no indication that a gun was found at the scene.
According to the complaint filed by Hernandez’s parents, their son was “lawfully driving his own car on Shangri-La Drive in Santa Clarita” when an unidentified deputy “effected a traffic stop as Miguel was turning left onto Nathan Hill Drive.”
“There was no reasonable suspicion or probable cause for the traffic stop,” according to the complaint.
“After complying by stopping the car,” the complaint alleges, “Miguel opened the door and got out to ask the deputy why he had been stopped, as there was no apparent reason for the traffic stop. Miguel had nothing in his hands and was not belligerent. The deputy ordered Miguel to get back in the car. As Miguel turned to comply with the instruction to get back in the car the deputy fired one shot from his pistol, which struck Miguel, who then dropped to ground. The deputy then placed body weight on Miguel rather than applying first aid. Medical aid was not summoned promptly.
“By the time medical responders arrived and transported Miguel to the hospital it was too late to save his life.”
The parents are represented by John Burton, a high-profile Pasadena attorney who specializes in “representing people who have been injured by law enforcement officers, including deaths and serious injuries,” according to his website. It identifies him as president of the National Police Accountability Project and says he is known “nationally for representing victims of police misconduct.”
A spokeswoman for Los Angeles County Sheriff Jim McDonnell said she was unaware of the complaint, which was filed April 15 in federal court in Los Angeles. A summons was issued and the case was assigned to a judge the same day.
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66 Comments
So, He didn’t have a knife? He got out of the car rather than wait for the deputy to approach the vehicle? Ok
Another attorney trying to make a quick buck. Probably follows ambulances on the way to the hospital too.
That doesn’t actually happen
https://m.youtube.com/watch?v=rDAZnIzoDMc
Boo who!
Good
You guys are that jaded that you’re willing to just diminish this human beings entire life and loss there of, simply because you think the attorney wants money? Who do you think had to pay the medical expenses from the hospital, the burial and body preparation, all of that. I mean this guy was killed by a cop, based on a he said she said story of asking why he got stopped. That could’ve been anyone, including yourselves on a bad day. Go easy and respect the family and the loss of life, despite what you’re personal beliefs are. Even if this guy actually was a bad person, which none of you even know for sure, doesn’t mean his family deserves that kind of disrespect. Man, so much jaded driven hatred out there…
Im sorry for the loss of life, of anyone. BUT, I have learned a few things in life, One of which is: Follow the law, and comply with police commands, and you wont get shot! I have been pulled over by police lots and lots of times. Guess what? I have never been shot by one.
You’re white, probably the most prevalent reason you haven’t been shot by police. Same reason for me, and the majority of other white people. It does make a difference, and if you deny it, with all the statistical data out there, then you’re just feeding into the implicit racism our white driven society has created.
I’m brown. I follow the law when I got a ticket. Did I get shot? No. Color doesn’t matter. The content of your character does.
Also quit being such a racebaiter. It’s people like you who keep racism going. Who gives a damn about a person’s skin, I only care about who they are as a person.
*drops mic
#getwrecked
Who’s to say he didn’t follow the law? The cop who shot and killed him? To make an assumption that because the officer killed him, he was therefore breaking the law, is backwards. There are many many people who have been killed by police regardless of following the law, so that assumption and your logic that because you haven’t been shot by a cop, then this guy must’ve been breaking the law, is also very flawed
Alex, just because your white doesn’t mean you won’t be shot. You spoke of statistics. More whites are shot by police than any other race. You need to pull back on the race baiting.
And your assumption of every cop killing someone not white for no reason is also flawed. Can you say race baiting racist ??
Non white just doesn’t equate to equal with a lot of people in the SCV. Xenophobic cretins.
Courts exist for a reason. Justice should be blind. In America, that’s the bottom line. Let’s ALL strive for that standard.
Sean, you are correct if you constitute white vs black police killings, but if you compare white to all non white killings, you find that the number surpasses white killings significantly.
“The data from killedbypolice.net show that white people are the largest group of killed by the police. But when taken together, the number of people of color killed by police — Latino, black, Asian, and indigenous people — surpasses the number of whites.”
http://thinkprogress.org/justice/2015/12/28/3735190/killed-by-police-2015/
The CDC also disagrees with you:
http://thinkprogress.org/justice/2014/12/12/3601771/people-police-killed-in-2014/
The bottom line, is that you and I will never understand the struggles of not being white in our society, and to simply trivialize the death of a young human being, because you have no understanding of life not white, is literally implicit racism. You make it a race issue when you pretend it’s not a race issue man, again not race baiting, but maybe a different way to view the world and the people living in fear next to you, because they are not white. Do you understand what its like to live in fear, especially of the people supposedly out there to help you? Its a rhetorical question of course. Not to mention, still, noone actually knows if this guy was breaking the law, so coming out of the race discussion, this guy was still killed by a cop, for an unsubstantiated reason. If it’s found this guy broke the law and was killed in defense, then so be it, but that’s not the case, it’s too gray. We’ve become so complacent by this issue, it’s very sad…
Did you read how this all came about??? The car fit the description of another car that was involved in something the day before. The driver got out and started really profanities and was charging the officer. The officer “repeatedly” ask him stop, he chose not to!! The parents raised a child to think it’s ok to NOT do what the police say!!!
I highly doubt, when this police officer got up that morning, that he thought to himself ” I’m going to kill someone today”!
Why should they get rewarded for this??!!
Your ratio is right but it just proved you wrong and Sean is right. More white people have been killed than minorities. You have to combine minorities to be equal to white deaths.
Lorrie, if you read the article, you would see that that was the officers description. If you read what happened from the passengers point of view, it sounds totally different, again like I said, a he said she said issue. So you point blank believe the cop? Why? Because he’s a cop? Many officers have been known to lie to protevt themselves. He was the one who fired the weapon, had a weapon at that (yeah they found a knife, not near the victim, so it wasn’t necessarily his). The victim had NO weapon. So go right ahead and blindly believe the person who killed another person, unarmed at that. There’s a real problem with that, and it isn’t an award for gods sake, this man is dead, their child. You think the family is happy this guy is dead and are dancing around over joyous about the money they most likely won’t even get because of the same flawed logic you are exhibiting? We need more information before we can make assumptions, the only three people who know what actually happened are the dead victim, the cop who pulled the trigger and the passenger. You need to reevaluate your blind trust in the media and the police…
Alfred, that’s exactly the point, white vs nonwhite, noone specified nonwhite race here except for you man.
Alex, I did not bring up any race factor, you did, by calling me white. My statement uses common sense. Follow the law. Now you went and cited 2 websites that are politically charged for the Left. Im done.
Alex W Krampovitis Oh, then this Cop should be guilty?
Again blame the police officer. Sue to get money. But I bet it’s not just to cover the burial, pain and suffering and whatever else the lawyer can come up with. But I bet, who’s the first person you call is you’re in need of help 911!!! That’s right the police!! But ya, lets call them killers when EVERYDAY they put their lives on the line for people to treat the with no respect!!
I never said anyone is guilty, I specifically said we need more information on the circumstance. To blindly attack me based on a preconceived notion, proves you aren’t ready to discuss this for the issue it really is. I just think blindly trusting the guy who pulled the trigger, is not smart. If it was the other way around and the guy shot the cop and claimed self defense and this cop was charging him with a gun, would you blindly believe him? Lol doubtful. Sheep
Alex, you blindly attacked me for being white. Your moronic philosophy and double standards are exactly what’s wrong with this generation. I’m not looking to spend all night arguing with someone who won’t even listen to facts and statistics. Good luck succeeding in life with a mindset where you live by “your truth” and refuse to acknowledge factual evidence. Your liberal college professors failed you with their lies about life outside of school. You’re not living in the real world.
Oh sorry Shawn (I guess this goes for the other Sean slso) sorry you see the CDC as left and are unwilling to see the numbers even though they are right in front of you. This actually had nothing to do with politics, just so happens that’s where the numbers were posted, coincidence honestly. I’m sorry your so unwilling to maybe shift your perspective a little and consider that not all life is experienced how you experience it… man, it isn’t about right or left, it’s about young people dying man. If that doesn’t effect you, then I feel sorry for you…
Alex W Krampovitis , what’s to say he didn’t comply?
You don’t think there were witnesses?
You think our cops want an unjustified incident on their hands?
I hate to break it to you, but there were people who witnessed this entire incident. This is a money grab.
Kari you’re super ignorant. This is not a money grab. No amount of money in the world can bring a child back to his mother. I know this family. His mother cries every day because she’ll never talk to or see her son again. There’s no way to prepare for this or justify killing a man. Knife was found in the backseat of car after this man was already murdered. These are facts, and hopefully justice will prevail. This officer should be charged, the money is irrelevant. Alex is the only one here being honest and he’s presenting facts to support his statements. Thank you Alex for speaking the truth.
Sean, i didn’t blindly attack you for being white, I simply pointed out that you and I both have no understanding of life within our society, nor being white. You can get grumpy and storm off if you want but I highly recommend you reread our conversation. I’m simply trying to point out that your cold and callus comment regarding the attorney just trying to get money, had many more ripples and layers than you’re obviously willing to accept.
It is a sad day when parents lose a child, Alex. At any age. However we are discussing a 39 year old man. One who’s been around long enough to understand how the world works. The Santa Clarita Sheriffs Department are VERY lenient when it comes to the shenanigans adults AND minors do when bending the law. I am witness to this much. This situation is very different. If you pose a threat to the individuals set out to protect us you’re asking for trouble. Think about the circumstances in which an officer would draw his weapon and fire on a citizen? I tend to believe the “story” I’m reading and while a parent never wants to believe their child would take such a stance the possibility exists and is more probable than the other way around.
Kari, again, I specifically said there needs to be more information, i actually never laid any blame on anyone and made it point to not do that across the board. If, in court, witnesses cone forward and this guy was what they say and the officer is cleared by the law, then fine (still doesn’t justify death in my opinion). So remind me, who are you again that you are so sure this is a “money grab”? Were affiliated with the case? Were you a witness? If not, then what grounds do you have to make that claim? Just what the media told you? So utilizing that logic, the media is never wrong then? I don’t think the cop just ran around shooting at people if that’s what you mean by an incident, but I do believe the officer was human and scared, but I’m sure the victim was too. Again, there are so many layers here, too just blatantly state is a “money grab” is just more jaded complacency. I think we should ask questions, I think there needs to be accountability, and all resources should be tapped to find that accountability, but until then, to just accept it based on what is spoon fed to you by tv, is sad, and one of the bigger problems with how all of us are associating with this event.
It’s a valid point Judi, and I appreciate the response. I believe this officer probably at first got a slight rush when he saw the vehicle, and probably got really scared upon pulling over. He probably switched into a reactionary mindset, and when this person didn’t react within the framework this officer expected a normal person to, he probably made am assumption that this must be the guy they’re looking for. When this guy turned around the cop probably just reacted how he was trained. I get that, AND I empathize with this officer. I’ve had many people I don’t know die in front of me (ER ICU nurse), from many different situations, and it never gets easier. I can’t imagine, going to work, and ending up being the one who kills someone. To assume I don’t respect these guys is ignorant. But I do expect accountability. You’re allowed to get scared, but if you make a mistake, i think you should be dealt with appropriately. This wasnt their perp, he wasn’t armed, he simply didn’t fit into the box of expectations the officer had, and it unfortunately got him killed. All my hyperbole of the incident aside, I still think, before these neighbors and community of the still living and hurting parents, make such crass statements in public, all the information needs to be out there. These people are still human, and at the end of the day, despite age, he’s still their child.
If the account of what happened is true….. the victim regardless of race or gender should be responsible for inciting suspicion for his agressive behavior towards law enforcement and acting like he had a weapon…..the cops do have a right to defend themselves….if he did have a weapon and the cop didn’t do anything and got killed i fear nobody would care in this day and age of the way cops are treated.
I totally agree with you, well said. That being said, it’s already started in the article that he had NO weapon. They found a knife, but not even near the victim, so that is circumstantial without prints I would assume, not to mention he wasn’t holding it when he was shot, so really it should hold no value, no intent with said knife was shown, all according to the article of course
Alex W Krampovitis If someone gets out of their vehicle and exhibits aggressive behavior and then appears to pull a weapon from their waistband would you wait to see if a they pull a gun and shoot you??? If it was a gun we would have a dead officer instead! Comply with an officer’s order. It’s very simple. With everything we see on the news you have to be an idiot to make any suspicious move while interacting with a police officer…
On the news? LOL. If you lived in any inner city, you can do everything right and get shot. I live in Canyon Country NOW but I’ve lived other places, have NO record and been slammed by one cop and kicked by another in different times. I was already detained without cuffs but the cop didn’t like what I said. I guess I can’t speak either?
Gina, for someone who obviously has either married a black man or has mixed kids (I’m mixed too…this is not my pic) you should at least know it does not work that way. I don’t disagree… comply. With that said, many people of color (and your kids will eventually have to deal with this) get a TOTALLY different treatment no matter where and how you raise them.
This is NO attack on you. I just think you might think that what an officer says and does could be two different things and I think most cops are GOOD people. Most is a dangerous word. That mean less than all and that means let’s say, 5% are bad? That’s a whole lot.
But this isn’t about a person of color being targeted. You do understand that this man was driving a vehicle, and matched the description, from a major crime the day before, and authorities had been searching for him?
Dobie Gillis Yes, I have biracial kids, and I LOVE them more than anything in this world. But I don’t play the race card and I’m not raising them to play it either. What an exhausting existence that is, giving others the power over your happiness and self worth. There’s all sorts of forms of discrimination in life. How people judge others and treat them is their problem. Fat people are mistreated. Ugly people are mistreated. Poor people are mistreated. White trash people are mistreat… I can keep going. The world is a shallow place… All you can do is make sure you do the right thing. I personally think this “the police are out to kill minorities” is a very dangerous mentality to teach our kids. It instills fear in them and then creates these situations where they react hostile to police, which is more dangerous than complying. I do not think all police are perfect. But I do not think they’re all out to “get minorities”. Why are we spending more time teaching our kids police hate them, instead of teaching our kids to be law abiding citizens? In almost every incident (I am aware there’s a few exceptions) the “victim” was usually doing something they shouldn’t have.
Being a police officer is a dangerous job and I respect that they put their lives on the line daily, even for people who hate them. They deserve to go home to their families at the end of their shift.
Have a good day. :)
Exactly Gina Stewart! Well said!
Amazing Gina Stewart! Thank you!
Good, I hope they win!
I call BS on the whole complaint… I hope they don’t get a dime
There were two people in the car. The person who exited the car is dead.
The person who stayed in the Car is alive.
Lesson being , remain in your vehicle and follow the instructions.
In order for the officer to have shot him outside the car, he had to have been outside the car. And as the lawsuit admits he exited the vehicle on his own not by force.
Yup, get out, get shot. Makes sense. Thank goodness we pay people to make such simple life and death decisions based off “get out, die.”
SCV sheriffs should wear body cameras, it’s not like the city can’t afford it.
This would solve a lot of issues with accountability on all fronts
The city doesn’t pay for deputies equipment, the country does. Good body cameras are not cheap.
Body cameras actually vindicate officers more than they incriminate them.
“The city doesn’t pay for deputies equipment, the country does”
WRONG. First off Sheriffs are on the county budget. That would be state but most Sheriffs are on that particular counties budget. Not sure how you got so lost on that.
“Body cameras actually vindicate officers more than they incriminate them.”
We would hope so. With that said, it does help a bit with some lies that come out either by the suspect or officer. Don’t you think?
The county of Los Angeles operates the LASD. The city of Santa Clarita has contracted with the county for policing services since 1987.
The state … Has nothing (directly) to do with this budget.
With that said, both the city and county pay for equipment depending on what area they are serving.
Dobie gillis, the city of santa clarita pays the sheriff’s department to police. The city paid a set amount for each personnel member per year. This payment covers the salary, car, dispatching abilities and the facilities for the sheriff’s department. The city pays this set amount for the department to operate within the borders of the contract city. Any equipment is standardized throughout the county. The department does not require body cameras, therefore it does not provide them. Deputies who want a body camera are forced to purchase one at their own expense. Most.of these cameras start in the $200 range. Sure there are cheaper alternatives, but cheaper isn’t always the way to go.
One important question: was this guy even a citizen or was he an illegal? Are his parents legal or illegal?
The number of Hispanic U.S. citizens living in California is roughly equal to the number of non-Hispanic white U.S. citizens living in California, so that’s kind of a strange question … unless it comes from a guilty conscience. Are you here legally? Or, are you suggesting the officer determined the man’s nationality before deciding whether to shoot him? In any case, the Supreme Court holds that the 14th Amendment protects citizens and non-citizens alike.
I learned in drivers Ed to stay IN your vehicle with both hands CLEARLY VISIBLE to the officer. Must work. I’m still here.
Since you are being simple you do know that there is NO drivers Ed anymore? Right? Hasn’t been for years with budgets cuts sans one in a FEW schools. Second, you are here because you’ve never looked like a threat. Sorry but middle aged blonde haired mommies are rarely an issue and even if they are, they are blonde haired mommies.
Ok asshat. When I was in school there was drivers Ed. Second not a moony but that’s none of your business. Third how do you know I’m not a threat? I’m plenty smart enough to know when I get pulled over to follow the officers commands. That’s why I’m still here dicknose.
Are you kidding me??? Jaded? No! No! No! Not jaded. Who do you think is paying for this lawsuit? Not the sheriff’s department or the deputy (who is truly the victim here). It’s every taxpayer that has to foot this bill. You know what? You’re right. Hey police officers! Stop protecting us! Go to work, hide, and collect your checks. You won’t get sued and it won’t cost us taxpayers a dime. Please let the morons who are suing you get victimIzed. Please make no effort to solve the crime. You won’t lose a dime and you won’t be publicly persecuted for trying to help stop crime. You will never go on trial for looking the other way.
The driver failed to comply….
The driver ignored all commands…
The driver exited the vehicle ….
The driver refused to comply…
I believe the original story mentioned the suspect was a known gang member. His first act of agression was to get out of his car which began a confrontation. His show boating and ignorance got him killed. Law enforcement takes no joy in taking a life. The deputy must live with this for the rest of his life.
The sheriff’s press release(s) made no mention of a gang affiliation.
After reading all these post in their entirety, I think there are many of you who need to schedule ride-a-long with LACO Deputies or any other agency that allows them and just see for yourself first hand what it is like to be a law enforcement officer. Not just one ride-a-long but a few to get the real experience.
This is a money grab period. They are looking for a quick settlement check and that is it.
not in law enforcement myself, but have participated in the ride-a-long program…Its fun and exciting, and you get a real good idea who these deputies are and how they react and why. It would answer a lot of the debate going on in this thread.
Dobie: never happens right?
http://gothamist.com/2016/04/19/nypd_cop_sentencing_gurley.php
yeha the gun barel in my ear was enough to make me put my hands in plain sight at all times