A man who says he was a bystander when he was struck and injured by a law enforcement projectile during a celebration of the Lakers’ victory in the 2020 NBA Finals has tentatively settled his suit against the city of Los Angeles.
An attorney for plaintiff David Lopez filed court papers on June 21 in Los Angeles Superior Court stating that a “conditional” settlement was reached in the litigation and that a request for dismissal will be filed by Sept. 21.
No terms were divulged.
The lawsuit was filed in October 2021 and alleged constitutional rights violations and intentional infliction of emotional distress. Lopez also sued Los Angeles County, but dismissed it as a defendant in February 2022.
Attorneys for the city stated in their court papers that they lacked “sufficient information and knowledge to form a belief as to the truth of the allegations” and that on that basis they were denying all of Lopez’s claims.
According to the suit, the “abhorrent conduct exhibited by the defendants … resulted in the substantial and permanently life-altering harm that was suffered by (Lopez).”
Lopez was walking with his girlfriend in the vicinity of Grand Avenue and Olympic Boulevard on Oct. 11, 2020, the day the Lakers won the NBA Finals over the Miami Heat, the suit states. As a happy crowd surrounded nearby Staples Center, LAPD officers and sheriff’s deputies gathered at the intersection, the suit stated.
As Lopez and the woman walked to their car, they heard a loud popping sound that turned out to be a high-pressured, hard 40mm sponge round that struck Lopez in the face, causing him to fall to the sidewalk in severe pain, according to the suit.
Lopez, hit under his right eye, suffered a laceration, orbital bone fractures, eye trauma and a brain injury, the suit states. He bled profusely and his girlfriend and others ran to help him, according to the suit.
Many people saw the incident and at least one recorded it on video, the suit stated. A photo of Lopez’s injury is attached to the lawsuit.
Lopez was not taking part in the Lakers’ victory celebration, but was instead “merely lawfully walking on the sidewalk, away from officers and/or deputy sheriffs,” the suit stated.
LAPD officers and sheriff’s deputies are required to follow protocols when using projectiles in that foam rounds can only be aimed at the belt line of someone who they believe is a threat to them, the suit stated.
“The subsequent failure to provide timely medical treatment to plaintiff was yet another blatant disregard to officer protocol,” the suit alleged. “Clearly, a medical emergency existed after plaintiff’s facial injury. Plaintiff dropped to the ground in excruciating pain and was bleeding profusely.”