Mona Wrongful Death Lawsuit
Mona Wrongful Death Lawsuit
1 Alamitos Police Department and that EDDIE GONZALEZ had been terminated by the
2 Sierra Madre Police Department. In spite of these terminations, the LBUSD negligent
3 and/or recklessly hired and employed EDDIE GONZALEZ.
4 13. Plaintiff alleges, based upon information and belief, that Defendant EDDIE
5 GONZALEZ did not pass his probationary period with the Los Alamitos Police
6 Department; and did not pass his probationary period with the Sierra Madre Police
7 Department. In spite of these circumstances, the LONG BEACH UNIFIED SCHOOL
8 DISTRICT negligently hired and employed EDDIE GONZALEZ.
9 14. Based on information and belief, Plaintiff alleges that the DEFENDANT
10 LBUSD negligently retained EDDIE GONZALEZ in spite of prior policy violations by
11 EDDIE GONZALEZ.
12 15. The LBUSD negligently supervised EDDIE GONZALEZ. The LBUSD
13 negligently trained EDDIE GONZALEZ. The intentional, reckless, negligent, and
14 unjustified use of deadly force by EDDIE GONZALEZ was a result of the negligent
15 training by the LBUSD. The negligent training by the LONG BEACH UNIFIED
16 SCHOOL DISTRICT was a driving force in the Constitutional violations committed by
17 EDDIE GONZALEZ; and the Constitutional injuries caused to Plaintiff and DECEDENT.
18 16. Plaintiff alleges that the LONG BEACH UNIFIED SCHOOL DISTRICT
19 failed to train its School Safety Officers as to proper tactics, proper use of force, proper
20 use of deadly force, and proper detention and arrest procedures. The LONG BEACH
21 UNIFIED SCHOOL DISTRICT was responsible for the training of LBUSD School Safety
22 Officers, including EDDIE GONZALEZ, to ensure that the actions, procedures, and
23 practices of its Safety Officers complied with POST training standards regarding proper
24 tactics, and proper use of deadly force.
25 17. The LBUSD and DOES 1-10 negligently failed to train LONG BEACH
26 UNIFIED SCHOOL DISTRICT School Safety Officers as to POST training standards
27 regarding proper tactics, proper use of force, proper use of deadly force, and proper
28 detention and arrest procedures. The LBUSD, including the Chief, Commanders, and high
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COMPLAINT FOR DAMAGES
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1 ranking supervisors, ratify, condone, and acquiesce in the negligent and excessive use of
2 force by its Officers, acting under color of law. The LONG BEACH UNIFIED SCHOOL
3 DISTRICT, including the Chief of School Safety and Emergency Preparedness and high
4 ranking supervisors, ratify, condone, and acquiesce in the filing of false reports to “cover
5 up” the negligent and/or intentional excessive use of force; and ratify, condone, and
6 acquiesce, in the falsification of evidence, the “planting” of evidence to “cover up” the
7 negligent and excessive use of force, and other LBUSD School Safety Officer
8 misconduct.
9 18. As a direct result of the death of MONA RODRIGUEZ, Plaintiff
10 MANUELA SAHAGUN has suffered the loss of DECEDENT’s love, companionship,
11 comfort, care, assistance, protection, affection, society, moral support, and guidance of
12 MONA RODRIGUEZ. Further, as a direct result of the excessive, unreasonable, and
13 deadly force which was used against DECEDENT MONA RODRIGUEZ by Defendant
14 EDDIE GONZALEZ, Plaintiff’s constitutional substantive due process rights to be free
15 from unwarranted state interference in a familial relationship with MONA RODRIGUEZ
16 have been violated.
17 19. On or about October 7, 2021, a Claim for Damages was presented to the
18 LONG BEACH UNIFIED SCHOOL DISTRICT on behalf of Plaintiff MANUELA
19 SAHAGUN, in substantial compliance with Government Code § 910, et seq. On or about
20 November 3, 2021, Defendant LBUSD rejected the claim of Plaintiff.
21 FIRST CAUSE OF ACTION
22 FOURTH AMENDMENT VIOLATION OF FEDERAL CIVIL RIGHTS,
23 EXCESSIVE USE OF FORCE (42 U.S.C. § 1983)
24 (By Plaintiff individually and as Successor-In-Interest of Decedent
25 Against Defendant EDDIE GONZALEZ and Does 1-10)
26 20. Plaintiff re-alleges and incorporates by reference herein each and every
27 allegation contained herein above as though fully set forth and brought in this cause of
28 action.
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COMPLAINT FOR DAMAGES
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1 October 5, 2021, when DECEDENT MONA RODRIGUEZ was taken off life support and
2 her organs were donated to help save the lives of five people.
3 28. Plaintiff is informed and believes, and thereon alleges, that the hollow-point
4 bullet fired by Defendant EDDIE GONZALEZ entered the right side of the brain of
5 MONA RODRIGUEZ; that bullet fragments became scattered throughout the brain of
6 MONA RODRIGUEZ; that the bullet fragments went into the middle of DECEDENT’s
7 brain; that MONA RODRIGUEZ suffered a very painful injury; and that DECEDENT
8 suffered very painful pre-death pain and suffering from September 27, 2021 until October
9 5, 2021 when DECEDENT MONA RODRIGUEZ was taken off life support.
10 29. Defendant EDDIE GONZALEZ violated DECEDENT’S civil rights under
11 the Fourth and Fourteenth Amendments to the United States Constitution to be free from
12 unreasonable search and seizure of her person and the deprivation of life and liberty and
13 denial of due process of law. The violations were under color of State and Federal law.
14 Defendant EDDIE GONZALEZ acted in violation of the Fourth and Fourteenth
15 Amendment of the United States Constitution when DECEDENT was subjected to
16 excessive deadly force. DECEDENT eventually died following her encounter with
17 Defendant EDDIE GONZALEZ.
18 30. Defendant EDDIE GONZALEZ is liable for the excessive, unreasonable, and
19 deadly force used against the DECEDENT, DOES 1-10 are liable because each DOE
20 directly participated, integrally participated, and/or failed to intervene in the violation of
21 the DECEDENTS’ constitutional rights. DECEDENT had a cognizable interest under the
22 Due Process Clause of the Fourteenth Amendment of the United States Constitution to be
23 free from state actions that deprive her of her right to life, liberty, or property in such a
24 manner as to shock the conscience of the community.
25 31. As a result of the excessive use force by Defendant EDDIE GONZALEZ,
26 Plaintiff MANUELA SAHAGUN, individually, and as a Successor-In-Interest to
27 DECEDENT MONA RODRIGUEZ, were thereby deprived of Constitutional rights of
28 familial relationship with DECEDENT.
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COMPLAINT FOR DAMAGES
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1 32. Defendant EDDIE GONZALEZ and Defendants DOES 1-10, and each of
2 them, directly and proximately caused injuries and damages to Plaintiff, as set forth
3 herein. Defendant EDDIE GONZALEZ and Defendants Does 1-10 are individually liable
4 for the violation of DECEDENT’s and Plaintiff’s Constitutional rights of familial
5 relationship.
6 33. As a direct and proximate result of the conduct of Defendant EDDIE
7 GONZALEZ and Defendants DOES 1-10, and each of them, DECEDENT has suffered
8 the following injuries and damages for which Plaintiff, as Successor-in-Interest, may
9 recover:
10 a. Violation of DECEDENT’S Constitutional Rights under the Fourth and
11 Fourteenth Amendments to the United States Constitution to be free from
12 unreasonable search and seizure of her person, nor the deprivation of life
13 and liberty and denial of due process of law.
14 b. For the loss of love, companionship, comfort, care, assistance, protection,
15 affection, society, moral support, and guidance of DECEDENT.
16 c. Loss of life, loss of enjoyment of life, and pre-death pain and suffering, of
17 DECEDENT following being shot in the head by a hollow-point bullet.
18 34. As a direct and proximate result of the conduct of Defendant EDDIE
19 GONZALEZ and Defendants DOES 1-10, Plaintiff suffered damages as a proximate
20 result of the death of MONA RODRIGUEZ.
21 35. Plantiff is entitlted to an awared of attorneys’ fees, costs and expenses under
22 42 U.S.C. § 1983, and pursuant to 28 U.S.C. § 1988, as a result of the acts of Defendant
23 EDDIE GONZALEZ and DOES 1-10, for the violation of DECEDENT’s and Plaintiff’s
24 Civil Rights.
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COMPLAINT FOR DAMAGES
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1 Officers do not fire their guns at a moving vehicle, such as the incident
2 on September 27, 2021 when Rafeul Chowdhury was leaving a
3 location in his car and DECEDENT MONA RODRIGUEZ was a
4 passenger in the vehicle driven by Rafeul Chowdhury;
5 (e) The negligent failure of Defendant LBUSD to ensure that adequate
6 numbers of employees with appropriate training were available to meet
7 the needs of, and protect the rights of, DECEDENT;
8 (f) The negligent failure of communicating information to Supervisors by
9 Defendant EDDIE GONZALEZ during the incident to de-escalate the
10 situation before Defendant EDDIE GONZALEZ used deadly force and killed
11 DECEDENT.
12 77. As a direct and proximate result of Defendants’ conduct as alleged above,
13 and other negligent conduct, DECEDENT was caused to suffer severe pre-death pain and
14 suffering and ultimately died. Also as a direct and proximate result of Defendants’
15 conduct alleged above, Plaintiff has been deprived of the life-long love, companionship,
16 comfort, support, society, care and moral support of DECEDENT, and will continue to be
17 so deprived for the remainder of her natural life.
18 78. Defendant LBUSD is vicariously liable for the wrongful acts of Defendants
19 EDDIE GONZALEZ, and DOES 1-10 pursuant to section 815.2(a) of the California
20 Government Code, which provides that a public entity is liable for the injuries caused by
21 its employees within the scope of the employment if the employee’s act would subject
22 him or her to liability.
23 79. Plaintiff brings this claim as DECEDENT’s successor-in-interest as defined
24 in Section 377.11 of the California Code of Civil Procedure and seeks survival damages
25 for the violation of DECEDENT’s rights.
26 FIFTH CLAIM FOR RELIEF
27 Violation of Bane Act (Cal. Civil Code § 52.1 and California Common Law)
28 (By Plaintiff individually and as Successor-In-Interest of Decedent
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COMPLAINT FOR DAMAGES
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1 excessive force claim under § 52.1 are the same as under § 1983.”); Bender v. County. Of
2 L.A., 217 Cal.App.4th 968, 976 (2013) (“an unlawful [seizure] - when accompanied by
3 unnecessary, deliberate and excessive force is within the protection of the Bane Act”).
4 83. On September 27, 2021 Defendant EDDIE GONZALEZ, while working for
5 LONG BEACH UNIFIED SCHOOL DISTRICT and acting within the course and scope
6 of his duties, intentionally committed and attempted to commit acts of violence against
7 DECEDENT, including shooting her without justification or excuse.
8 84. When Defendant EDDIE GONZALEZ shot and killed DECEDENT, he acted
9 with a reckless disregard for and in violation of DECEDENT’S rights under the State and
10 Federal constitutions to be free from excessive force.
11 85. Plaintiff brings this “Bane Act” claim individually for direct violation of her
12 own rights familial association claim based on Defendant EDDIE GONZALEZ’s
13 intentional shooting of DECEDENT MONA RODRIGUEZ without a legitimate law
14 enforcement purpose in a manner that shocks the conscience, and Plaintiff also brings this
15 Bane Act claim as a survival claim pursuant to California Code of Civil Procedure §
16 377.20 et seq. for violation of MONA RODRIGUEZ ’s rights.
17 86. By his conduct described herein, Defendant EDDIE GONZALEZ acting as
18 described above, violated Plaintiff’s and DECEDENT’s rights under California Civil
19 Code § 52.1, and the following clearly-established rights under the United States
20 Constitution and the California Constitution:
21 a. MONA RODRIGUEZ’s right to be free from excessive and unreasonable
22 force in the course of arrest or detention, as secured by the Fourth Amendment
23 to the United States Constitution and by Article 1, § 13 of the California
24 Constitution;
25 b. MONA RODRIGUEZ’s right to be free from the unreasonable use of deadly
26 force as secured by the Fourth Amendment to the United States Constitution and
27 by Article 1, § 13 of the California Constitution; and,
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COMPLAINT FOR DAMAGES
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COMPLAINT FOR DAMAGES
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1 2. For survival damages under California and Federal law, including damages for
2 pre-death pain and suffering, loss of enjoyment of life, and loss of life, in a sum
3 according to proof at trial;
4 3. For wrongful death damages under State and Federal law, in a sum according to
5 proof at trial;
6 4. For non-economic damages under California and Federal law for the life-long
7 loss of love, companionship, comfort, support, society, care and moral support
8 of DECEDENT;
9 5. For costs of suit and pre-judgment and post-judgment interest;
10 6. For attorney’s fees under §1021.5, §52.1, and §1988.
11 7. For punitive damages as provided under State and Federal law against the
12 Defendant EDDIE GONZALEZ, in a sum according to proof at trial;
13 8. For other and further relief as the court may deem just, proper, and appropriate.
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By: ___________________________________
25 LUIS A. CARRILLO, Esq.,
Attorneys for Plaintiff
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COMPLAINT FOR DAMAGES