EspañolInvestigation Underway After Jose Naranjo-Cortez Died Following Medical Emergency While Being Arrested by Fullerton Police Department Officials at Lemon Park — Memorial Fund Created on GoFundMe
FULLERTON, CALIFORNIA (April 20, 2025) – A man identified as Jose Naranjo-Cortez has tragically died in a Fullerton park following a medical emergency during his arrest by the Fullerton Police Department.
Orange County officials are saying that the incident took place at Lemon Park shortly before 12:30 AM. Fullerton Police Department officials encountered Jose Naranjo-Cortez, who was allegedly holding a cardboard box that appeared to be smoldering.
At some point during the encounter, officers attempted to restrain the man. He allegedly became uncooperative and was acting erratically. Several officers attempted to gain control of the man and were eventually able to put him in restraints.
Following the arrest, he began to exhibit signs of a medical emergency. Paramedics were called to the scene in order to help him.
Jose Naranjo-Cortez was transported to a local hospital, where he was unfortunately pronounced deceased. A full investigation into the Fullerton Police Department shooting remains ongoing.
The Carrillo Law Firm currently has two cases pending against the Fullerton Police Department for excessive force that resulted in death. Family members gathered at a vigil shortly after his death and demanded for justice.
You can help support the family through the Jose Naranjo-Cortez Memorial Fund on GoFundMe.
Liability for Excessive Force Claims That Result in Death
Far too many police encounters end with the suspect being seriously injured or killed. Many of these encounters are due to positional asphyxia as multiple officers attempt to hold a person down. According to one study in the Journal of Forensic Science, “The prone position restricts ventilation and diminishes pulmonary perfusion. In the setting of a police encounter, metabolic demand will be high from anxiety, stress, excitement, physical struggle, and/or stimulant drugs, leading to metabolic acidosis and requiring significant hyperventilation.” Police officers should take a number of measures in order to avoid unintentionally causing positional asphyxia.
- Avoidance: Officers should avoid placing individuals in a prone position for extended periods of time. It is especially dangerous when weight is placed on the back of those being arrested.
- Kneeling: Officers should never kneel, sit, or stand on any part of a suspect that could compress their airways or otherwise restrict their breathing. It is typically best to either have suspects sitting or standing upright.
- Monitoring: Officers should continuously monitor the breathing of the person in custody. In many cases, suspects will verbally indicate that they are having a difficult time breathing. This should never be ignored.
Despite the known risk of positional asphyxia, police officers have continued to put people in dangerous positions that restrict their breathing. When an officer uses excessive force, this could form the basis of a constitutional claim. According to 42 U.S. Code § 1983, every person who, under the color of law, deprives someone of their rights afforded under the Constitution, shall be liable to the injured party in an action at law. An officer’s failure to follow a safety rule promulgated by their department can help demonstrate that they acted negligently in any encounter resulting in death.
There have been numerous lawsuits over the years after suspects have died from being illegally restrained by responding officers. Consider, for example, Nelson v. County of Los Angeles (2003). A man named Dwayne Nelson was restrained by sheriff’s deputies who made use of a Total Appendage Restraint Procedure (TARP). This is commonly referred to as a hog-tying restraint. Expert testimony helped reveal that Nelson died due to positional asphyxia due to being placed down with his limbs tied. It is important that certain steps are taken after any person dies in custody.
- Body Camera: All body camera footage from the responding officers should be reviewed. This can help reveal what happened in the lead-up to any death.
- Eyewitnesses: The testimony of eyewitnesses should also be collected. They can help reveal the circumstances that preceded any police encounter. This may be helpful in determining whether the initial police response was proportionate.
- Medical Records: All medical records related to any death should be preserved. Medical evidence can help paint a clear picture of what caused any suspect death, regardless of what any police department may claim.
- Legal Counsel: Victims of police brutality and their families should seek the guidance of an experienced civil rights lawyer. A lawyer can investigate all of the evidence related to any particular case and help determine if responding officers acted with excessive force.
Many in-custody deaths are entirely preventable. They tend to be the results of officers who are not particularly well trained. These officers may place suspects in dangerous positions that restrict their breathing. It is also common for officers to resort to lethal force when less lethal measures would’ve been far more appropriate. It is important for victims of police brutality to understand that they do have legal rights protected by the law. They’re able to seek some measure of accountability for the misconduct of officers through a civil claim.
Investigating Fullerton Police Department In-Custody Deaths
We at the Carrillo Law Firm extend our deepest condolences to the family of Jose Naranjo-Cortez. Any person that may have more information about what happened should reach out to investigators. The Fullerton Police Department should do the right thing and be transparent. Many questions regarding this deadly encounter have yet to be answered.
Have you or someone that you care about been harmed by the Fullerton Police Department? Our legal team has extensive experience holding police departments accountable for their excessive force. In fact, we currently have two cases that are pending against the Fullerton Police Department at this time. We will not allow this police department to act with impunity as they maim and kill members of the public. Whether you just have legal questions or need a free, independent investigation into any particular incident, we are here for you. You can reach out to us anytime at 626-799-9375.
