In this case, appellants Kristy Beets and Glenn Allen Rose are the parents of Glenn Patrick Rose (Rose), who was killed during an incident with the Los Angeles County Sheriff‟s Department and California Highway Patrol. Appellants, in their individual capacities and also as successors in interest to Rose, brought this wrongful death action against respondents Los Angeles County and Sheriff‟s Deputy Steven Winter. They allege that Deputy Winter‟s use of deadly force against Rose was unreasonable. While Rose did not survive, another participant in the incident, Sarah Morales, survived. Morales was tried and convicted of the assault of Deputy Winter in the underlying incident.
Respondents demurred to the first amended complaint pursuant to Heck and Yount, arguing that Morales‟s conviction barred appellants‟ wrongful death claims. The trial court sustained respondents‟ demurrer and entered judgment for respondents. We reverse.
Judge(s): Madeleine Flier
Jurisdiction: California Court of Appeals, Second District
Related Categories: Civil Rights , Constitutional Law
|Trial Court Judge(s)|
|Court of Appeals Judge(s)|
|Appellant Lawyer(s)||Appellant Law Firm(s)|
|Dale Galipo||Law Offices of Dale K. Galipo|
|Melanie Partow||Law Offices of Dale K. Galipo|
|Appellee Lawyer(s)||Appellee Law Firm(s)|
|Jin Choi||Lawrence Beach Allen & Choi, PC|
|David D. Lawrence||Lawrence Beach Allen & Choi, PC|