Doug / 06-20-2011 / Wrongful Death

Family Sues Police for Wrongful Death Over Fatal Shooting

According to Inside Bay Area, the family of Juan Mosso has filed a wrongful death lawsuit against the city of Freemont. The family of Mosso alleges that the man did not pose a threat to his estranged wife, and that the police were negligent in the fatal shooting. On June 19, 2010, Freemont police responded to a call reporting that Mosso had threatened to harm his estranged wife Perez.

The officers responded by entering the apartment Perez shared with her boyfriend and her three children, and fatally shot Mosso after they saw he was armed with a knife. The family alleges that Mosso did not pose a threat to Perez and that the police reported an inaccurate version of the incident to protect themselves from liability.

During the incident, Perez’s boyfriend called the police and told them that Mosso had come down to the apartment intoxicated and threatening to hurt Perez. Officers heard people screaming from within the apartment, at which time they entered the apartment and shot Mosso. Officers also feared for the young children’s safety who were awake and were less than a dozen feet from where the shooting occurred.

The wrongful death lawsuit names the Fremont police, the city of Fremont, and three police officers as co-defendants, and seeks unspecified damages for the family’s emotional stress, pain and suffering. An Orlando injury lawyer can answer your questions about wrongful death cases.

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