Trial Magazine

Fermin Valenzuela Jr., a 32-year-old man with a history of drug abuse and mental illness, was approached by city of Anaheim police officers Daniel Wolfe and Woojin Jun, who were responding to a report that Valenzuela had followed a woman home. Wolfe ordered Valenzuela to stop and put his hands behind his back, but Valenzuela refused. A struggle ensued, during which the officers tasered Valenzuela and placed him in various neck restraints. During the chokehold, Valenzuela struggled to breathe and lost consciousness. Attempts to revive him were unsuccessful. He is survived by his two minor children.

Valenzuela’s children sued the city, alleging it failed to train its police officers on the proper use of neck restraints. The plaintiff alleged that Wolfe had used an air chokehold that blocked Valenzuela’s airway and that this maneuver is proper only when deadly force is necessary. Suit also named Wolfe, Jun, and their sergeant, alleging excessive use of force in violation of Valenzuela’s civil rights.

The defendants argued that Valenzuela had been violent and under the influence of methamphetamine and that he was attempting to flee. They also contended that Valenzuela had more than 15 arrests and convictions, including instances of domestic violence against the mother of his children.

The jury awarded $13.2 million, finding Valenzuela 15% at fault.

Citation: Valenzuela v. City of Anaheim, Nos. SACV17-0278, SACV17-2094 CJC (C.D. Cal. Nov. 21, 2019).

Plaintiff counsel: Garo Mardirossian, Lawrence Marks, and Douglas Linde, all of Los Angeles; and Dale Galipo, Woodland Hills, Calif.

Plaintiff experts: Scott DeFoe, police practices, Huntington Beach, Calif.; and Bennet Omalu, forensic pathology, Lodi, Calif.