LOS ANGELES (CNS) - A man who says he was injured after being struck by a law enforcement projectile while the plaintiff was a bystander during a celebration of the Lakers' victory in the 2020 NBA Finals has tentatively settled the lawsuit he filed against Los Angeles County and the city of Los Angeles.
An attorney for David Lopez filed court papers on Wednesday in Los Angeles Superior Court Judge stating that a "conditional" accord was reached and that a request for dismissal will be filed by Sept. 21. No terms were divulged.
Lopez's suit, filed in October 2021, alleged constitutional rights violations and intentional infliction of emotional distress.
"The misuse and disregard of protocol as well as the otherwise abhorrent conduct exhibited by the defendants ... resulted in the substantial and permanently life-altering harm that was suffered by (Lopez)," the suit stated.
In their court papers, county attorneys denied any liability on the part of their client and lawyers for the city stated they lacked sufficient information to address the truth of Lopez's allegations.
According to Lopez's suit, the plaintiff was walking with his girlfriend in the vicinity of Grand Avenue and Olympic Boulevard on Oct. 11, 2020, the day the Lakers won the NBA Finals over the Miami Heat. As a happy crowd surrounded nearby Staples Center, LAPD officers and sheriff's deputies gathered at the intersection, the suit stated.
As Lopez and his girlfriend headed to their car, they heard a loud popping sound that turned out to be a high-pressured, hard 40mm sponge round that struck Lopez in the face, causing him to fall to the sidewalk in severe pain, according to the suit, which does not state whether an LAPD officer or a sheriff's deputy fired the shot.
Lopez, hit under his right eye, suffered a laceration, orbital bone fractures, eye trauma and a brain injury, the suit states. He bled profusely and his girlfriend and others ran to help him, according to the suit.
Many people saw the incident and at least one recorded it on video, the suit stated. A photo of Lopez's injury is attached to the lawsuit.
Lopez never posed any threat to the LAPD officers or deputies and he was not taking part in the Lakers' victory celebration, but was instead "merely lawfully walking on the sidewalk, away from officers and/or deputy sheriffs," the suit stated.
LAPD officers and sheriff's deputies are required to follow protocols when using projectiles in that foam rounds can only be aimed at the belt line of someone who they believe is a threat to them, the suit stated.
"The subsequent failure to provide timely medical treatment to plaintiff was yet another blatant disregard to officer protocol," the suit alleged. "Clearly, a medical emergency existed after plaintiff's facial injury. Plaintiff dropped to the ground in excruciating pain and was bleeding profusely."
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