Judge Ok's Lawsuit Against the City of El Monte

By City News Service

The family of a 37-year-old schizophrenic man who died after an altercation with two El Monte police officers last year can move forward with most of their lawsuit against the city, a judge ruled today.

Hoang Huy Tu, an attorney representing relatives of Khoa Anh Le, has compared his death to that of the July 2011 in-custody beating death of Kelly Thomas, a schizophrenic transient, in Fullerton.

Los Angeles Superior Court Judge Elizabeth Allen White said Le's parents, Khang Le and Giao Dang, and two of his siblings -- brother Tuan Le and sister Diane Le -- have sufficient details in their complaint for now to continue with their causes of action for wrongful death, assault/battery, negligence and negligent infliction of emotional distress.

White granted a defense motion to dismiss an allegation that the plaintiffs' constitutional rights were violated. She found that only a direct victim can bring such a claim.

The judge also said the family's claim for intentional infliction of emotional distress will have to be shored up because their attorneys have not shown whether the officers knew the plaintiffs were present to witness their struggle with Le.

Le's family filed their suit Dec. 10. He died after he was allegedly beaten and hit with batons by El Monte police officers Victor Ruiz and Jesus Rojas in his home in the 2700 block of Caminar Avenue last June 14.

"Le repeatedly apologized and said `I'm sorry' at least 15 times ... as he tried to comply and begged for help,'' the family's court papers state. "Even though Le repeatedly told the officers at least eight times that he could not breathe, the officers ignored him and continued to place their combined body weight on top of (Le's) body.''

Le was taken to Greater El Monte Community Hospital and pronounced dead, according to the family's court papers, which state that the coroner's office ruled the death was a homicide.

The officers went to the home after receiving a call that Le was involved in an argument with his father shortly before 11 p.m., El Monte police said. Lt. Holly Francisco of the sheriff's homicide bureau said last year that the officers used physical force, but disputed the family's claims about the number of times the officers struck Le.

In Fullerton, Thomas' in-custody beating death resulted against criminal charges against three officers and the recall of three Fullerton City Council members.