David Zuniga V. City Of Los Angeles Et Al

Case Background

On May 27, 2022, David Zuniga filed a civil rights lawsuit against the City of Los Angeles and various LAPD officers after he was hit by a projectile used by the LAPD to disperse a peaceful Black Lives Matter protest. The lawsuit included assault, negligence, and excessive force claims among others. The case was heard in the United States District Court, California Central (Western Division - Los Angeles). The case was assigned to Judge Consuelo B. Marshall and referred to Magistrate Judge Alka Sagar. [Case number: 2:22cv3665]

Cause

Plaintiff David Zuniga, a 50-year-old monolingual Spanish-speaking resident of Los Angeles County, participated in a peaceful protest in Downtown Los Angeles on May 29, 2020. That evening, Defendant Deputy Chief Jorge Rodriguez, acting as Incident Commander, authorized the use of "less lethal" munitions (LLMs) against demonstrators. Defendants Chief Michael Moore and Does 7-10 also approved and oversaw the deployment of these munitions. Defendants, including Sergeants Daniel Bunch and Jesus Garcia, led LAPD squads that formed a skirmish line, trapping protesters near City Hall. Officers, including Defendants Miguel Zendejas, Aaron Green, and Gregory Sayers, blocked all exits, effectively kettling the crowd. Zuniga and others asked to leave but were refused. At approximately 9:35 p.m., LAPD officers, including these Defendants, surrounded the demonstrators. Suddenly, without warning, Defendants Zendejas, Green, and Sayers fired LLMs into the crowd. Officers used these projectiles, intended for specific targeting, recklessly, striking individuals indiscriminately, including those retreating. Zuniga was hit in the head by one of these munitions. The impact caused immediate pain, bleeding, and temporary unconsciousness. Injured and disoriented, he pleaded for help, but LAPD officers ignored his calls and continued advancing on the protesters. At the time of the incident, Defendants Does 1-6, identified as other LAPD officers, participated in accosting and assaulting Zuniga. Supervisory personnel, including Does 7-10, acted with the full authority of Defendant City of Los Angeles, which employed all involved officers. Defendants acted within the scope of their duties but without justification, causing Plaintiff’s injuries.

Injury