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February 23, 2006

Suit Filed Over Police Shooting of Israeli

http://www.jewishjournal.com/community_briefs/article/suit_filed_over_police_shooting_of_israeli_20060224

Nearly 20 months after Assaf Deri, an Israeli national, was shot and killed by Burbank police in a North Hollywood alley, his parents have filed a wrongful death lawsuit in L.A. Federal Court against Burbank and Los Angeles, both cities' police departments, and officers involved in the incident.

"The conduct by Burbank police officers was clearly outrageous," said attorney Robert Jarchi, who is representing Deri's estate and parents, Pinchas and Yehudit Deri. "Burbank police officers targeted my clients' son because of his Middle Eastern appearance."

Deri is Jewish but could be perceived as a Muslim, the lawyer contended.

Police claim Deri was a suspect in a multiagency task force investigation into drug-trafficking, gangs and organized crime. But Jarchi insisted their claims are absurd.

"Assaf Deri was not involved in drug dealing or any other illegal activity. He didn't drink or do drugs," Jarchi said. "Police killed an innocent man who was just sitting in his Jeep. Anyone could find themselves in that position."

The coroner's exam found no evidence of drugs or alcohol in Deri's system. The civil complaint, filed last week, also alleges violations of Deri's federal and state civil rights, negligence, assault and battery and false arrest.

This wrongful death lawsuit comes one month after the L.A. district attorney's office cleared Burbank undercover officers, Scott Meadows and Sgt. Jose Duran. The duo also was cleared last February by their department's shooting review board, which found they were "defending themselves against death or serious injury."

The long-delayed report, by the district attorney's justice system integrity division also ruled that Meadows fired in self-defense, after Deri, 25, allegedly tried to drive his borrowed Jeep away from approaching officers. Meadows, whose leg was grazed by the Jeep during the incident, received medical treatment at a local hospital. Duran, the D.A.'s office found, had discharged his weapon to protect his partner.

LAPD robbery homicide detectives handled the field investigation because the shooting happened in Los Angeles. The North Hollywood alley where the incident occurred lies behind a row of apartment buildings on Oxnard Street near Los Angeles Valley College.

According to the LAPD investigation, Deri was the target of daylong surveillance on June 25, 2004, by Burbank police.

Meadows and Duran followed Deri as he drove into the alley and parked with his engine idling, behind one of the buildings. At about 10:30 p.m., Duran decided to stop Deri after deciding he was monitoring their surveillance of him.

The two Burbank officers allegedly approached Deri's jeep and ordered him out. The officers claim Deri then drove toward Meadows. In self defense, they opened fire.

Meadows reportedly shot 13 rounds and Duran 10 rounds. According to the autopsy, Deri was hit nine times, including five shots to the head. Paramedics pronounced Deri dead at the scene at approximately 10:37 p.m.

The Deri family's suit alleges Burbank police violated Assaf Deri's constitutional rights by illegally detaining and shooting him to death. The suit also alleges Deri's father, who was visiting from Israel, was wrongfully imprisoned during a warrantless search of his son's North Hollywood apartment several hours after his death.

"Burbank officers compounded the problem by going to Assaf's apartment without probable cause in a desperate attempt to find something to justify this fatal shooting," Jarchi said. "There they made a fruitless search and ended up illegally detaining and handcuffing my client's father."

The federal suit specifies no dollar amount, but last year, the family submitted a $51 million claim against the cities of Los Angeles and Burbank, which both cities rejected. The family is seeking general and punitive damages for the loss of their son and his future support and reimbursement for the transport of the body to Israel, funeral and legal expenses, as well as compensation for counseling, lost wages and medical expenses incurred by Deri's father.

The family is represented by Greene, Broillet & Wheeler, which has taken on local police cases before, including that of a Los Angeles woman who received $7.6 million after she was broadsided by a car being chased by LAPD officers and the case of a Long Beach man who was awarded $6.7 million after being shot by Long Beach police.

The city of Burbank, representing the police officers, denied any wrongdoing in the case. Los Angeles officials declined to comment pending a review of the lawsuit.

 

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