A judge pared a lawsuit filed by the parents of a college student shot and killed by a Long Beach police officer in 2015, court papers obtained Tuesday show.
In a 13-page ruling issued Monday, Los Angeles Superior Court Judge Holly Kendig dismissed claims by Amr Morad and Amal Alkabra for intentional infliction of emotional distress as well as negligent supervision, training, hiring and retention.
The judge also dismissed the couple’s claims for civil rights violations, but said the estate of their son, Feras Morad, can move forward with the claim.
Kendig additionally found that the plaintiffs’ attorneys will have to shore up their claims for punitive damages against Officer Matthew Hernandez and Chief Robert Luna, who both are co-defendants with the city. She gave the lawyers 20 days to file an amended complaint.
Kendig had the case under submission since July 25, when she heard arguments from attorneys.
Feras Morad’s family members have said that he was studying with friends when they took hallucinogenic mushrooms to which he had a bad reaction, and after a fight ensued, he jumped through a second-story window.
Hernandez confronted Feras Morad near Cal State Long Beach, where the 20- year-old Woodland Hills native was due to begin classes in the fall, according to attorneys for the plaintiffs.
Morad was confused, bleeding from a serious cut on his arm and suffering possible head trauma after falling through a window of a second-floor apartment on East 15th Street, according to the suit, which says he was unarmed and in need of medical attention.
Hernandez, a 12-year-veteran of the force, shouted commands at Morad, who was “clearly disoriented and injured,” according to the complaint.
“Despite Morad’s clear need of medical attention, Hernandez made the fatal and rash decision to use deadly force,” the suit states.
Hernandez shot Morad five times at “point-blank range, including twice in the chest,” then turned the young man over onto his stomach and handcuffed him, according to the lawsuit.
But according to Kendig, nothing in the complaint alleges the city knew Hernandez had an alleged history or propensity for using excessive force. The judge also said the alleged delay by police in notifying the plaintiffs of their son’s death did not support a claim for emotional distress.
The suit’s other claims, including negligence and wrongful death, will remain in the complaint.
Feras Morad attended El Camino Real Charter High School and later Moorpark College, choosing a longer commute in order to join Moorpark’s accomplished debate team, according to the plaintiffs’ attorneys.
He was a ranking member of the ROTC while at El Camino Real, according to his parents’ lawyers.
–City News Service