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 Heriberto Rodriguez testified that when deputies
came to his cell, he was sitting on his toilet holding his
mattress in front of him for protection. Deputies used a block
gun to fire four shots, hitting his ankles. They then threw a
concussion grenade into the cell. When deputies came into
the cell, they yanked the mattress away and hit Rodriguez
twice in the face. Rodriguez wears glasses. He put his hands
to his face and dropped to the floor. When Rodriguez was
face down on the cell floor, someone was hitting his head. A
deputy pulled his hand away from his face and twisted his
arm. “He was trying to snap it like a broomstick. . . . [H]e
was saying things like, ‘You mother fucker. You mother
fucker.’ ” “I was watching my elbow bending in an awkward
position. I’ve never seen it bend that way.” At the time of
trial, four years later, Rodriguez’s elbow would not extend to
a straight and locked position. Deputies handcuffed
Rodriguez and continued to beat him. “Someone dropped a
knee or a leg or something on my back. I was still being hit
on the back of my head.” He was told to “stop fighting,”
even though he was already handcuffed and was not
struggling. Rodriguez was tased repeatedly, “in my armpits,
my fingertips, the back of my neck . . . . I was tasered my legs
[sic], and the bottom of my feet.” Rodriguez testified further,
“I was laying down cuffed, and I felt something probing my
anus. And [the taser] pushed, it pushed, and it went down,
and then it pushed, and then it was just a jolt.” It went to “the
part between the testicles and the anus[.]” On a scale of 1 to
100, Rodriguez rated his pain from the taser a 100.
                    RODRIGUEZ V. CRUZ                       15 2. Missing Videotapes

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