The city of Los Angeles and plaintiffs who sued alleging that a Los Angeles police officer touched a dead woman’s breast while on duty have reached a tentative settlement in the case.
The dead woman’s mother and 18-year-old grandson, and the father of the teen, sued the city and Officer David Rojas in Los Angeles Superior Court in August 2020, alleging mishandling of human remains, privacy invasion, intentional infliction of emotional distress, negligence, intrusion into public affairs and violation of mandatory statutory duties.
On Wednesday, the plaintiffs’ attorneys filed court papers informing Judge Jon R. Takasugi of a “conditional” resolution of the part of the case involving the plaintiffs, the city and Rojas. The accord is subject to City Council approval. No terms were divulged. Rojas’ cross-complaint against the city for indemnity is not part of the settlement.
In a separate criminal case, Judge Kevin Stennis found that Rojas was “eligible and suitable” for an 18-month mental health diversion program over the objection of the prosecution. A progress report hearing is scheduled Jan. 9.
Rojas, now 31, was placed on leave after the allegation surfaced in November 2019 and was arrested and charged the following month with a felony count of having sexual contact with human remains without authority.
In deposition testimony in the civil case, Rojas said that before the touching occurred, he believed that, based on his training, that in order to gather information in a death investigation that he could touch a deceased body.
“I believe that we are allowed to,” Rojas said. “We generally refrain from touching, but I know it is something that is not a `shall not.’ So we would just have to articulate why we did it. But in this specific case, I did make the decision knowing that there was not a rule or anything to briefly touch the body.”
Rojas further testified that all of his actions at the scene were to gather information and evidence for his police report in the course and scope of his employment, according to the plaintiffs’ attorneys’ court papers.