PASADENA (CNS) - A federal appeals court has reversed a ruling granting four LAPD officers qualified immunity in a wrongful death lawsuit alleging they used excessive force on an unarmed burglary suspect who had already surrendered by repeatedly shocking him with a Taser, then stood by without rendering aid when he went into cardiac arrest and died, according to court papers obtained Wednesday.
Daniel Rivera, 37, was pronounced dead Aug. 14, 2020, by paramedics, about a half hour after police responded to a call that a man was seen trying to break into homes in an Arleta neighborhood, according to the suit filed on behalf of his family in Los Angeles federal court.
The ruling issued Monday by a three-judge panel of the U.S. 9th Circuit Court of Appeals determined that evidence showed that "a reasonable jury could conclude that Defendant officers used excessive force when they employed a Taser four times in rapid succession and when they applied extensive pressure to Decedent's back by kneeling on him before, during, and after using the Taser."
The appellate decision allows the 2021 civil rights lawsuit to proceed in downtown Los Angeles against LAPD Officers Bret Beckstrom, Michael Lopez, Tyler Moser and Angel Romero, and the city of Los Angeles.
Civil rights attorney V. James DeSimone argued before the 9th Circuit last month that a Los Angeles federal judge's decision to afford the officers qualified immunity should be overturned because their behavior was a clear breach of established law, and in violation of the U.S. Constitution.
"Our ultimate goal remains unaltered: to hold to account those officers responsible for Daniel's death," DeSimone, who represents Rivera's family, said in a statement.
"This decision allows us to progress towards that goal. We're committed to pursuing justice not just for Daniel Rivera's family but for every family who has experienced a similar tragedy. This is an affirmation that every life matters and every action has consequences."
DeSimone said none of the officers at the scene adhered to Los Angeles Police Department policy, which mandates specific measures to prevent positional asphyxiation. The Board of Police Commissioners found that Rivera did not pose a threat to the 10 officers on the scene, further finding the officers acted out of policy, the attorney said.
An LAPD spokesman said Wednesday that the department does not comment on pending litigation.
The plaintiffs allege that when police arrived, Rivera climbed over a fence and lay face-down and motionless in a nearby ravine, his hands behind his head in a gesture of surrender.
However, according to a news release issued by the LAPD after his death, Rivera was seen by witnesses trespassing on their property and apparently talking to himself before scaling a chain-link fence and dropping down into a reservoir. A struggle ensued when officers went to handcuff him, according to police.
DeSimone alleges that despite what the plaintiffs claim was Rivera's lack of resistance, three LAPD officers jumped on top of him, with one applying his full body weight by kneeling on his back, while two others handcuffed him.
According to the lawsuit, a fourth officer shocked Rivera four times with a Taser, causing his body to convulse and tense up. Police body camera video appears to show an officer grab the back of Rivera's neck and shove his face into the ground, according to the complaint.
DeSimone further alleges that when Rivera called out for help, saying he did not hurt anyone, an officer pinned him down so his legs could be hobbled, an event also apparently captured on body camera video.
The LAPD officers continued to push on Rivera's back while he was face- down on his stomach, and did nothing to help him as Rivera's body convulsed in medical distress, the suit alleges.
The officers "kept the unresisting Rivera pushed down in a prone position, known to interfere with breathing, after he was handcuffed and hobbled," according to the family's attorney.
The plaintiffs seek unspecified damages from the city, the police department and the officers.
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