California Police Brutality Lawyer Blog

Last month, a 43-year-old Colton man died after local police allegedly used a taser on him multiple times. Family members of Hutalio Serrano summoned police after they witnessed him pacing across the street from his home. According to relatives, he appeared agitated and was not acting like himself. Police arrived on the scene about 15 minutes later and the matter apparently escalated quickly.

Serrano's daughter Biviana said she witnessed her father on the ground yelling for police to stop as police officers continued to use a taser him. His stepson, Eddie Hernandez, also witnessed Serrano's pleas for officers to stop using the stun gun on him. Another eyewitness, Kelly Martinez, stated he came upon the scene while walking home. According to Martinez, he saw police officers use a taser on Serrano at least four times while Serrano plead for help. He also said he did not believe Serrano posed any threat to police.

Despite that Serrano reportedly never threatened officers on the scene, the Colton Police Department claims Serrano died while resisting arrest. Police also stated Serrano was tasered three times, all of which were necessary to subdue and handcuff the man. According to the Colton Police Department, Serrano was hospitalized as soon as officers realized he was having a medical emergency. Serrano was pronounced dead approximately one hour after the incident with police.

Members of Serrano's family said although police use of force is sometimes necessary, in this case it was excessive. They believe Colton police officers used excessive force on Serrano. The incident is currently under investigation by the San Bernardino County Sheriff's Department.

Police are expected to use force in certain circumstances and officers are granted immunity from liability so long as they are acting in good faith while engaging in their duties. A plaintiff can overcome officer immunity by showing police conduct was out of bounds and excessive. Although there are few restrictions regarding the use of so called non-deadly force such as tasers, rubber bullets, and pepper spray, their use may still be excessive.

Serrano's family may file a civil tort claim against the Colton Police Department. A civil tort claim allows a victim of police violence to seek monetary damages for assault, battery, wrongful death, false arrest, and negligence. Serrano's family may also bring a claim against police for violations of his constitutional rights under Section 42 U.S.C. 1983. In California, a police officer who unnecessarily assaults a citizen may also be subject to criminal charges.