Los Angeles, CA (PRWEB) December 20, 2012
Attorney Alex Galindo with the law offices of Curd, Galindo & Smith, LLP of Long Beach, California has filed a lawsuit against the City of El Monte Police Department. The Le family, through its attorney Alex Galindo, previously filed a $30,000,000 claim against the City of El Monte.
Court documents state that the Le family contends in the lawsuit filed in Los Angeles Superior Court, Case No.: BC497169, that two City of El Monte Police officers on June 14, 2012, caused the death of their beloved son Khoa Anh Le, a lifelong resident of the City of El Monte. The court document states that Khoa Anh Le was in his own home and was detained by City of El Monte police officers to investigate a call regarding a potential assault. Court documents state that at the beginning of their contact with Khoa An Le, City of El Monte police officers displayed flashlights at Khoa Anh Le by swinging them repeatedly in front of Khoa Anh Le.
Court documents state that the officers continued to harass, frustrate and confuse Khoa Anh Le by repetitively asking Khoa Anh Le questions about whether he was beating his father, which Khoa Anh Le had already denied. The Le family further claims in their lawsuit that the El Monte Police Officers knew or should have known that Khoa Anh Le was mentally ill. The lawsuit alleges that during the detention, Khoa Anh Le allowed the City of El Monte Police Officers to search his room by giving consent to the Officers. Court documents also state that neither police officer patted Khoa Anh Le down for weapons and both officers behaved in a manner consistent with the belief that Khoa Anh Le did not pose any risk of harm or flight. The lawsuit alleges that Khoa Anh Le was unarmed and posed no threat to the officers' safety or to others.
The Le family claims in court documents that the officers advised Khoa Anh Le that he was being placed under arrest, although, Khoa Anh Le had committed no crime and that instead, the officers threatened Khoa Anh Le with physical harm. The lawsuit further alleges that while Khoa Anh Le was still saying that he did not understand the officers' commands, an El Monte Police Officer struck Khoa Anh Le's head, neck and shoulder, which caused Khoa Anh Le to fall to the ground. The court documents further allege that the El Monte Police Officers began to choke Khoa Anh Le's neck. Court documents further state that the second El Monte Police Officer quickly approached Khoa Anh Le with his baton at the ready, and immediately swung it with full force, striking Khoa Anh Le and kicked him in the head, as a result, Khoa Anh Le could not move and could not breathe, he could not escape from what he undoubtedly knew was not an arrest, but a beating.
Court documents additionally state that the Le family alleges in the complaint that for the next few minutes, the police officers, continued to choke and beat Khoa Anh Le with their batons, hands, elbows, fists, and knees, even while Khoa Anh Le repeatedly apologized and said “I'm sorry” at least 15 times and said “okay” at least 30 times as he tried to comply and begged for help. The court documents further state that although Khoa Anh Le repeatedly told the officers at least 8 times that he could not breathe, the officers ignored him and continued to place their combined body weight on top of Khoa Anh Le's body. It is further alleged that though Khoa Anh Le could have been restrained with the use of less than lethal control holds and handcuffs, the officers, used deadly force by striking Khoa Anh Le repeatedly in the head and face, causing multiple head injuries. The lawsuit goes on to allege that despite the fact that Khoa Anh Le was on the ground with two officers on top of him, the police officers used a deadly choke hold on Khoa Anh Le and as a result Khoa Anh Le died from the choking and beating.
Court documents also allege that Khoa Anh Le did not die immediately, but he was in respiratory distress when paramedics arrived and that he was transported to the hospital and died while in transport. The court documents also state that the hospital staff and coroner diagnosed Khoa Anh Le with significant facial trauma including multiple head injuries with significant bleeding and swelling, and that he was found with severe metabolic acidosis, hemorrhagic shock, and aspiration of blood into his lungs.
CURD, GALINDO & SMITH, LLP is a civil business litigation firm that represents both corporate and professional clients of all sizes and those who have been seriously injured or have lost a family member due to an accident, defective product, police misconduct or negligence. The law firm has recovered millions of dollars for its thousands of clients since 1995 by winning complex and challenging business disputes, death and injury cases involving police misconduct, traffic collisions, work place injuries and defective products, including defective automobiles, against some of the world's largest companies and governmental agencies.