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Lawsuit Claiming Violation of Convicted Felon’s Civil Rights Dismissed by Federal Judge

Lawsuit Claiming Violation of Convicted Felon’s Civil Rights Dismissed by Federal Judge

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A Federal Court Judge dismissed a lawsuit which claimed a violation of the civil rights of an inmate who was most recently convicted of felony evading.

Milagro Gonzalez, 30, of Victorville, through attorney’s filed a federal civil rights violation lawsuit against the San Bernardino County Sheriff’s Department, a sergeant, and four deputies. On May 14, 2018, Gonzalez was arrested after leading deputies on a 12-mile pursuit in the City of Hesperia. Gonzalez eventually crashed the stolen vehicle and fled the area on foot. After attempting to carjack a vehicle and run into a fast-food restaurant. Deputies approached Gonzalez asking him to put his hands up to surrender, but Gonzalez failed to comply. Deputies used force leaving a deputy and Gonzalez with minor injuries as a result. Both Gonzalez and the deputy were treated and released. 

Deputies learned later, through investigation, that Gonzalez was recently released from a recent stay in prison on Post Release Community Supervision (PRCS). In addition to being on PRCS, Gonzalez had an arrest warrant for a drug-related offense. One May 16, 2018, the District Attorney’s office filed charges for possession of a stolen vehicle and evading police, both felony charges. On March 28, 2019, Gonzalez pleaded guilty and was sentenced to 2 years in prison.

“On August 19, 2019, the County of San Bernardino, the San Bernardino Sheriff’s Department and the involved personnel were served with a lawsuit alleging multiple federal civil rights violations through Gonzalez’s attorneys, James S. Terrell and Sharon J. Brunner.  The allegations included excessive force, failure to provide medical, assault, battery, negligence, negligent infliction of emotional distress, intentional infliction of emotional distress, violation of the Bane Act, as well as a failure to screen, train, and supervise,” San Bernardino County Sheriff’s officials said. 

 

The attorneys withdrew from the case on July 1, 2020, and for almost a year, the county has defended their actions leading to the dismissal of the lawsuit by a federal court judge on August 6, 2020.

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Image Sources:

  • Hesperia Police: 24/7 Headline News File
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