FRESNO - The four children and one brother of a deceased Fresno man are suing the City of Fresno after the city rejected their claims for damages in the case of the man's alleged wrongful death in March 2020.
According to court documents filed on Jan. 17 in the Fresno Superior Court, the children of Gerald Johnson (Lasha Johnson, Zana Valenzuela, Gerald Johnson, Jr. and Zamorah Johnson) and Johnson's brother, Willie Johnson, are all plaintiffs in a complaint against the City that alleges one count of battery for wrongful death and survival action, one count of violation of Bane Act, one count of negligence in wrongful death and survival action and one count of negligent infliction of emotional distress.
The fatal shooting occurred when Fresno police were called to Johnson's mother's home for a disturbance; when officers arrived, Johnson had run into his mother's backyard and climbed into a broken-down car.
The suit says officers had been engaged with Johnson before and as such knew he was mentally ill.
Officers were allegedly told that Johnson was in possession of a pellet gun that had no pellets in it. Fresno police surrounded the car and fatally shot Johnson without warning, the suit states.
Later in the year, the City of Fresno rejected the three of five plaintiffs who had filed wrongful death claims.
The plaintiffs are seeking damages for wrongful death, survival, emotional distress and other punitive damages.
The plaintiffs are represented by John Taylor of Taylor and Ring, as well as Stuart R. Chandler APC and William L. Schmidt.