EspañolConsumer Attorneys of California Have Announced Three Lawyers From The Carrillo Law Firm, LLP As Finalists For Street Fighter of the Year
LOS ANGELES, CALIFORNIA (August 30, 2024) – The Consumer Attorneys of California has announced that Luis A. Carrillo, Michael S. Carrillo and J. Miguel Flores are finalists for their Street Fighter of the Year award.
The nomination was brought in light of their exceptional legal advocacy in I.M. a minor, et al. v. Doe CHP Officers. In March 2020, two CHP officers pulled over Edward Bronstein on suspicion of DUI.
Mr. Bronstein was taken to the CHP Altadena station for a blood draw. At least five officers held him down, while a nurse took blood. He informed officers that he couldn’t breathe 14 times.
Despite his clear distress, a supervisor did not order the CHP officers to stop. Bronstein lost consciousness and was not able to be revived, even with the use of CPR.
He was pronounced dead four hours after the initial encounter. Family members of the victim hired the Carrillo Law Firm and filed a civil rights claim for wrongful death and excessive force.
Luis A. Carrillo, Michael S. Carrillo and J. Miguel Flores were able to achieve a substantial financial settlement in that case. Bronstein’s death also led the CHP to change its policies to prevent officers from using transport methods likely to result in positional asphyxia.
Winners for the award will be announced on November 16 at the Annual Installation and Awards Dinner during CAOC’s 63rd Annual Convention in San Francisco.
Michael Carrillo expressed his gratitude for the nomination in an Instagram post.
“Honored and proud to share that our firm has been named a finalist for the Street Fighter of the Year Award by CAOC! We’re grateful that our clients trusted us with such an important case. This is a recognition of the team effort that we put in to get justice for Edward Bronstein, who was killed by CHP officers when they suffocated him to death. Thank you to the CAOC for this incredible honor, and to our clients for trusting us to stand by their side. Here’s to making a difference, one case at a time,” said Carrillo.
Liability For Excessive Force Resulting In Positional Asphyxia
Thousands of people are harmed by the excessive force of law enforcement every year. Many deaths occur when suspects suffer positional asphyxia. Positional asphyxia occurs when a person’s position prevents them from breathing properly. According to PBS, “For decades, police across the United States have been warned that the common tactic of handcuffing someone facedown could turn deadly if officers pin them on the ground with too much pressure or for too long.” Despite this, the Associated Press has documented 80 cases where a suspect died from positional asphyxia, even though at least one officer knew the potential dangers. Several different actions from officers could result in positional asphyxia.
- Officers could cause positional asphyxia by placing the suspect prone on the ground and applying pressure on their back.
- Officers could cause positional asphyxia by kneeling on a person’s neck or chest.
- Officers could cause positional asphyxia if they fail to monitor a suspect’s breathing.
- Officers could cause positional asphyxia by improperly using restraints.
Police officers are given a great deal of leeway in how they perform their job duties. But at no point are officers allowed to use excessive force. Pursuant to 42 U.S. Code § 1983, every person who, under the color of any statute, law or ordinance, causes a citizen of the United States to be deprived of their rights secured by the constitution, shall be liable to the injured party in an action at law. There are specific safety rules that ban officers from using certain forms of restraints likely to result in positional asphyxia. When an officer fails to follow a safety rule promulgated by their employer, this could serve as evidence of negligence. It is important that evidence is properly preserved after any in-custody death.
- Eyewitnesses should be interviewed.
- Medical records should be preserved.
- Body camera footage from all officers involved should be reviewed.
- The actions of officers leading up to the death should be understood.
The vast majority of in-custody deaths are preventable. They tend to involve officers that are not following safety protocols. In particular, many officers have held down suspects who are under the influence or in the midst of a mental health crisis. These are the very people who tend to be at greater risk of dying from positional asphyxia. Sadly, though, police departments will nearly always try to evade liability if someone in their care dies. This is one of the reasons it is so important for victims of police brutality to seek legal advice as early as possible.
Getting Legal Help After Police Misconduct
We at the Carrillo Law Firm, LLP were deeply honored to have Luis A. Carrillo, Michael S. Carrillo and J. Miguel Flores considered finalists for the Street Fighter of the Year award. They have dedicated their careers to advocating for victims of police abuse and misconduct. It was a great honor to represent the family of Edward Bronstein and help move the California Highway Patrol to adopt better safety standards.
Have you or someone that you care about been harmed by the excessive force of police officers in California? You may have legal recourse. Our team of civil rights attorneys is here to answer any questions that you may have. We care deeply that people are aware of their rights and that those rights are being protected. Whether you just have legal questions or need any type of support, we are here for you. You can reach out to us anytime at 626-799-9375.
