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SOUTHERN CALIFORNIA RECORD

Wednesday, May 1, 2024

Lawsuit: Teen yells 'f*** the police' at protest, gets shot in head by beanbag round

Federal Court
Pridedante

Dante Pride for the plaintiff

SAN DIEGO - A plethora of civil rights violation accusations were filed against San Diego County, a San Diego Sheriff's Deputy and San Diego County Sheriff's Department policy maker William Gore on March 16 in federal court.

Plaintiff Tyler Astorga was participating in a protest in La Mesa on May 30 2020. However, the 18-year-old and his friends were allegedly overwhelmed by the protest and left the area at around midnight. 

While driving home in his vehicle, Astorga says his vehicle was hit with several shotgun beanbag rounds at the intersection of La Mesa Blvd. and Spring St. One of the rounds struck Astorga in the head, according to the suit, causing injury. 

The shooting was allegedly in retaliation to Astorga shouting "f** the police" out of his open window at defendant Sheriff's Deputy Kevin Boegler. Astorga was driving lawfully at or under the speed limit and did nothing else to antagonize Boegler besides shouting the phrase, the suit claims.

The defendants are charged with excessive force, failure to properly train/supervise, battery, intentional infliction of emotional distress, violation of Ralph Act and violation of the Bane Civil Right Act. 

Astorga asks the court to order the defendant to pay punitive and exemplary damages, and to remedy its policies regarding the use of non-lethal projectiles and responses to political demonstrations. 

The plaintiff is represented by the Pride Law Firm. 

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