City of Fresno could go to appeals court over man’s death in 2017
FRESNO, Calif. (KSEE/KGPE) – The City of Fresno could once again be defending itself in a legal battle in the U.S. Court of Appeals following the 2017 death of a man in Fresno, who video shows was restrained on the ground in a face-down position.
The petition filed with the appeals court follows the publication of the court’s opinion earlier this month; prosecuting attorneys say it sided with Fresno police, sheriff’s deputies, and paramedics from American Ambulance.
“A divided panel ruled that Fresno law enforcement officers and American Ambulance paramedics…were cleared of liability under the legal doctrine of qualified immunity,” wrote the attorneys in a statement.
The attorneys are now calling for a review of the decision because they think the panel misapplied qualified immunity in a way that threatens to convert it into absolute immunity.
The case dates back to May 2017, when Joseph Perez was approached by police while walking in Fresno. According to attorney Neil Gehlawat, a neighbor had called the police concerned over Perez’s well-being.
Gehlawat says responding officers determined that Perez was a danger to himself and others. According to official accounts of the incident, Fresno Police managed to get Perez to sit but as Perez became agitated officers were forced to subdue him and place him face down on the sidewalk.
Gehlawat says when paramedics arrived, the lead paramedic placed a backboard on Perez’s back and told officers to sit on top of the board. He says this is not typical or procedural.
“In all of the people we talked to – experts and people who have been paramedics – they’ve never heard of anyone being restrained in that fashion,” Gehlawat said. “Typically the boards are placed next to the person and the person is rolled on to the board in a face-up position.”
According to Gehlawat, Perez was put in the ambulance and was pronounced dead a short time later. A Fresno County coroner classified Perez’s death as a homicide caused by compression asphyxia.
Gehlawat says that, following Perez’s death, a case was filed against the City of Fresno and the Fresno Police Department in federal court – but a judge dismissed all claims on the legal doctrine of qualified immunity.
“It’s [qualified immunity] known to protect police officers who use excessive force,” Gehlawat said. “One problem with the doctrine is that it is vague.”
According to Gehlewat, unless there is a law in place to indicate that an officer’s actions are going to violate a person’s constitutional rights, the officer can proceed with said action.
The case was then taken to the Ninth Circuit Court of Appeals, where Gehlawat and his partner are set to appeal the case. They believe there is no room for qualified immunity. He says that two of the three appellate court judges sided in favor of the original court’s decision while one judge dissented.
“Now we’re doing a petition en banc to the Ninth Circuit Court where we’re asking to have a larger panel of judges,” Gahlawat said.
He says if they receive a favorable ruling from the panel, it could set precedents for future cases involving restraint asphyxia deaths. Gahlawat also says a favorable ruling could help give justice to Perez’s family who he says have had a long and hard journey through this legal process.
YourCentralValley.com has reached out to the City of Fresno for comment in response.
