Family of Unarmed Man Killed by Anaheim PD Settle Civil Suit for $245,000

David-Raya_apd.jpg
David Raya
The city of Anaheim settled a lawsuit earlier this month filed by the family of David Raya. The 23-year-old man was unarmed when shot to death on August 16, 2011 by detective Bruce Linn near the 100 block of West Guinida Lane.

The Orange County District Attorney's office (OCDA) ruled the shooting justified, but Maria Lopez, Raya's mother, said the killing violated her son's civil rights. The Anaheim city council approved a $245,000 settlement on March 11 that came in exchange for the immediate dismissal of the lawsuit.

Linn, retired Chief of Police John Welter, retired Deputy Chief Craig Hunter and the city of Anaheim were named in the federal civil rights and wrongful death lawsuit.

The original filing claimed that "Bruce Linn repeatedly and unjustifiably discharged his department issued firearm at David Raya's back inflicting three gunshot wounds, which proved to be fatal. Following the shooting, the defendants denied medical care to Mr. David Raya in a manner that demonstrated deliberate indifference to his constitutional rights." The complaint also charged that the city and its police department hired and trained Linn "with conscious disregard of and deliberate indifference to the constitutional rights" of individuals.

In the officer-involved shooting, police said that Raya, a parolee at the time, reached for the back of his waistband repeatedly while fleeing. No gun was retrieved from the scene, only a pipe.

According to OCDA investigation letters obtained by the Weekly, detective Bruce Linn is named in at least five total officer-involved shootings in and around Anaheim dating back to September 25, 2002. In addition to Raya, Linn was also a part of the December 11, 2009 killing of 35-year-old Caesar Cruz.

Maria Lopez was represented in the lawsuit by Richard P. Herman. The skillful Newport Beach attorney reached a prior $1.55 million settlement agreement in Anaheim over the 2008 shooting death of Julian Alexander by officer Kevin Flanagan and is currently handling Caesar Cruz's case.

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16 comments
fratdawgg23
fratdawgg23

Shooting a fleeing person in the back is dishonorable and indefensible. 


We the People must stop deifying police officers. They deserve to be held accountable for mistakes and misconduct. 


Shooting an unarmed, fleing person in the back could reasonably be considered an extrajudicial execution.

gregbpc
gregbpc topcommenter

Be a lot less cops killing people if there were a lot less thugs.  Although it sounds like this cop acted wrongly in this situation, I do have some appreciation for the fact that they have to deal with dirtbags all day.  Not an easy job when 1/4 of the people you have to deal with are criminals, and another half would rather support the criminal than the cop trying to clean things up.  Yes. I know, not all cops are saints, nor all cops dickheads.

Tim Fisher
Tim Fisher

Don't worry...PDs and city attorneys don't like cops who are aggressive, like being first to answer a call, or being involved in taking down a bad guy. Sooner or later the cop has to use force in the situation. Unfortunately, being aggressive, meaning responding and getting involved stopping a vicious crime, costs the city in lawsuits when the bad guy or the family of the bad guy sues. Excellent officer or not...he's gone..terminated.

Jean Thaxton
Jean Thaxton

And to think, this information cannot be told to the jury....just not right. We need to get the POBOR changed!!!

ocjusticewarrior
ocjusticewarrior

This is actually a very low settlement, but I don't know the details of the case. No doubt his past played a huge part in the case, even though he did not deserve to die.  Too many killer cops on the streets, especially in Anaheim! It is sickening to see officers acting as "Judge, Jury and Executioner!"

darthere
darthere

The only good thing that the parolee ever did for his family

18usc241
18usc241 topcommenter

Quarter million dollar Anaheim taxpayer payment over here. 65 million dollar Orange County taxpayer payment over there.

If this keeps up, Mickey and Minnie Mouse may find themselves living out of a trailer park in Riverside County, eating out of a box of a box of macaroni and cheese and tapping the tune to Deliverance on a pair of empty wine jugs.

Steve SanFilipo
Steve SanFilipo

The parolee he shot probably would have cost the city more than 245k in his life to deal with, so I say it was a good business decision to shoot him.

Daniel Dent
Daniel Dent

Bitchass! Hope you catch a hot one, Jerkoff

jeffh1077
jeffh1077

"Skillful Newport Beach attorney" ? Between two cases where the cops shot two unarmed men, he only got 1.75 million. And on the case of Julian Alexander you had the chief admitting that they screwed up. I would think that a skillful attorney would not accept such a low amount in cases where there was clearly issues. Especially when recent a skillful attorney got several million from Westminster PD. Mr San Ramon I think you should get a new thesaurus for your articles. Clearly here you missed the mark.

ElChapo1
ElChapo1

Anaheim: The Happiest Place On Earth! Bang Bang!

fratdawgg23
fratdawgg23

Please punch yourself in your 'nads, if you have a pair.

gabrielsanroman
gabrielsanroman topcommenter

@jeffh1077 This is Anaheim. And if you were a skillful commenter, you'd know my last name is San Roman, not San Ramon!

jeffh1077
jeffh1077

You are right Mr. San Roman I did not spell your name correctly and I am sorry. First I know this is Anaheim obviously. My point of the comment was your use of the description of the attorney as skillful was in my opinion off the mark. While I often I agree with your opinions it appears that when a little criticism is given to your writing you decide to make personal attacks. While I admit I am not the most skillful commenter as you has so pointed out, I do listen to others opinion even if I don't agree. I suggest you get a little thicker skin.

gabrielsanroman
gabrielsanroman topcommenter

@jeffh1077 I've got thick skin. Westminster is not quite comparable. The settlement is not a lot in this case, but is more than expected.

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