On October 23, 2024, Jones Mayer Certified Appellate Specialist Scott Davenport made oral arguments before the Ninth Circuit Court of Appeals on behalf of the City of Fullerton in A.R.L. v. City of Fullerton (Docket no. 23-55751). The case, which arose from a fatal officer-involved shooting in April 2020, offers an example of the importance footage from body-worn cameras can have for municipalities and law enforcement agencies in such controversies.
Overview of the Case
In May 2020, after exhibiting increasingly violent behavior toward his cousin Mario and Mario’s wife, recently released inmate Jesus Leon confronted Mario on the street, brandishing a large kitchen knife and demanding his keys. As the situation escalated, Officer Marcus Futch happened upon the scene and intervened. Despite commands to stop and the deployment of beanbag rounds, Jesus continued to advance toward the officers and Mario, unaffected as a result of methamphetamine influence later confirmed by toxicology reports. Believing there was an imminent threat to their lives and Mario’s, the officers discharged their firearms, resulting in Jesus’s death. Six body-worn cameras captured the incident.
The plaintiff, a minor relative of Mr. Leon, brought an action alleging multiple federal and civil rights claims against the City of Fullerton and officers involved in the incident. The trial court granted the defendants’ motion for summary judgment. Jones Mayer’s Richard Lucero represented the defendants at the district court. On appeal, the plaintiff challenged the district court’s finding that the officers’ use of force was objectively reasonable.
Footage from Body-Worn Cameras Central to Case
Jones Mayer’s Scott Davenport delivered oral arguments before the Ninth Circuit on October 23. Although the court has not issued a ruling, he feels confident thanks to the strong evidence underlying the city’s case. “This shows the importance of having body-worn cameras,” he says. “It rendered the facts undisputed and showed the officers’ urgent efforts to try to prevent the need to use deadly force.”
The City of Fullerton has fully embraced body-worn cameras, Davenport says. “We’ve encouraged our clients to embrace the cameras because they document the officers’ actions, provide transparency to the public, and provide for better local policing.”
Modern technology enhances the role video footage plays at trial. For this case, Davenport incorporated links to video footage and directly embedded videos into his briefs. Putting compelling evidence at the judges’ fingertips offers efficiency and clarity.
Scott Davenport is a certified appellate specialist who has represented municipalities, insurers, and individuals in civil rights and general liability matters for more than three decades. He may be reached at (714) 446-1400 or by email at swd@jones-mayer.com.