Heriberto Rodriguez v. County of Los Angeles, 891 F.3d 776 (2018)

Citation: Heriberto Rodriguez v. County of Los Angeles, 891 F.3d 776 (2018)
Parent Document: Heriberto Rodriguez v. County of Los Angeles, 891 F.3d 776 (2018)
Jurisdiction: United States (federal)
Effective Date: 2018-05-30
Original Source: https://www.courtlistener.com/opinion/4502306/heriberto-rodriguez-v-county-of... ↗

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Appellee Carlos Flores testified that, prior to his own
extraction, he could hear cell extractions occurring in other
cells. “[P]eople were crying out in pain, telling the deputies
to stop. And I could hear the punching and kicking. And I
could hear boots stomping. I could hear the deputies
sometimes laughing.” When deputies approached Flores’s
cell, “they were all wearing ski masks, I couldn’t see their
faces.” A deputy shot into Flores’s cell with a 40 mm “block
gun,” but Flores was not hit because he was protecting
himself with his mattress. Deputies then threw one or two
concussion grenades into Flores’s cell. They entered the cell,
and one deputy used his shield to push Flores down onto his
back. Five or six deputies then landed on top of Flores and
the deputy. Several deputies held Flores down while others
punched and kicked him in his face, head, and body.
Deputies took turns, alternating between hitting and tasing
him. “I could feel them stomping on my legs, trying to twist
my leg.” As one deputy was hitting Flores, “he was just
telling me, ‘Mother-Fucker. Mother-Fucker.’ ” “[T]hey were
telling me to stop resisting, and . . . I was trying to say, ‘I’m
not resisting.’ ” “[T]hat’s . . . a thing that the deputies do at
the jail . . . . [T]hey’ll beat inmates and say ‘Stop resisting,
stop resisting.’ But it’s like they know you’re not
resisting. . . . They just want to beat you up.” After one of the
tasers quit working, a deputy used the butt of the taser to hit
                     RODRIGUEZ V. CRUZ                          11

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