LOS ANGELES -- A man claims to have been unlawfully shot by the police while in his car, causing him to lose control of the vehicle.
Agustin Martinez filed a complaint on June 29 in the U.S. District Court for the Central District of California against the City of Ontario and Does 1-10 for unreasonable search and seizure - excessive force, denial of medical care, municipal liability - unconstitutional custom, practice or policy, municipal liability - ratification, municipal liability - failure to train, battery, negligence and violation of Bane Act.
According to the complaint, on July 19, 2019, at approximately 11:30 a.m., Martinez was shot by the Ontario Police Department while driving his car, causing him to become incapacitated and lose control of the vehicle.
Martinez alleges that he was never an imminent treat of death or serious bodily injury to the police or anyone at the time of the shooting. Martinez alleges that he was shot in the face which has caused difficulty speaking, breathing and eating and has had to have multiple surgeries because of his injuries.
Martinez alleges that Ontario Police Department officers are trained not to place themselves in the path of a vehicle and are trained that shooting at a moving vehicle very rarely results in the vehicle stopping, but instead is known to cause a driver to lose control. Martinez alleges that the officers refused medical attention to him, despite him bleeding profusely.
Martinez seeks general and special damages, punitive damages, interest, attorney's fees and cost of suit. Martinez is represented by Dale K. Galipo and Eric Valenzuela.
U.S. District Court for the Central District of California case number 5:21-cv-01099-JGB-SP