Settling for Misconduct
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Case 07-L-3198

$1,376,446

EXCESSIVE FORCE/SERIOUS

Home invasion Elderly Threats/intimidation Excessive force Physical force Assault or battery to an officer charges Hospitalized

Plaintiff: Dolores Delarosa

Incident date: 09/19/2006

Location: 2122 N. Avers Ave.

Allegations:

Delarosa was at home with her family when Officers Cerda and Surma arrived to assist animal control officers who were issuing citations related to two family dogs. While the officers were at the front door of the building talking to Delarosa's family members, her daughter arrived. The officers asked her for identification. She told them her name, that she lived there and that she didn't have any identification. They became verbally abusive and began to push her. Delarosa came to the front door and asked the officers why they were arguing with her daughter. Cerda turned and pushed Delarosa, who was 70 years old at the time, causing her to fall backwards and hit her head on the doorway. Family members asked the officers for medical attention for Delarosa, but they refused. Cerda threatened Delarosa with deportation if she complained about the incident. They then arrested the daughter for battery to a police officer and took her to a police station. Shortly after, Delarosa and other family members went to the station to ask about her daughter. While there, the officers arrested Delarosa and charged her with aggravated assault of a police officer. While in custody, Delarosa began to suffer from chest pain and was taken to a hospital, where she was admitted and underwent an invasive cardiac procedure. Shortly after she was released, she suffered a stroke and returned to the hospital, where part of her skull was removed to relieve the swelling. Six months later she was found not guilty of the assault charges.

JORGE CERDA

POLICE OFFICER

1060719919
$1,598,991 total payments

THOMAS SURMA

POLICE OFFICER

799324170
$1,379,446 total payments