The case of Yong Yang, who was fatally shot by a Los Angeles Police Department (LAPD) officer, is now headed to court.
Yang’s parents, Min Yang and Myung Sook Yang, filed a lawsuit in Los Angeles County Superior Court against the LAPD, the City of Los Angeles, the County of Los Angeles, and the County Department of Mental Health (DMH). The lawsuit also names Officer Andres Lopez, who shot Yang, Sergeant Ruvalcaba, who commanded the scene, and DMH Clinician Soo Tae Yoon, who was the first to call 911 for an officer. The lawsuit was filed on September 24, and the plaintiffs are demanding a jury trial.
The plaintiffs allege five counts of wrongdoing against the defendants, negligent death, assault, physical battery, violation of the Bane Act, which protects individuals’ rights against violence, threats, and coercion, and negligent death (mental health-related). They also seek damages against the defendants, including punitive damages and attorneys’ fees.
The complaint centered on three main claims, LAPD and DMH’s failure to respond to mentally ill individuals, improper use of force, and systemic problems in the City and County of Los Angeles.
DMH Clinician Soo Tae Yoon is accused of negligence that led to Yang’s death. “He failed to follow policies and procedures and instead dealt with Yang in an aggressive manner that further confused and enraged him, causing or contributing to his death,” the plaintiffs alleged in the complaint.
The lawsuit added that Yoon spoke with Yang for less than three minutes and immediately called 911 for officers.
The LAPD was also accused of negligence. According to the complaint, Officer Lopez and Sergeant Ruvalcaba were aware of Yang’s mental state from conversations prior to the incident, but instead of attempting to explain the situation, Ruvalcaba said, “You have no choice,” and instructed his officers to use force.
Seven to nine officers were on the scene at the time, and Officer Lopez fired three shots in five seconds.
The plaintiffs pointed out that deadly force was used even though an officer with a 40-millimeter non-lethal launcher was directly behind the officer who opened the door. They added that there was an ambulance on the scene after the shooting, but no emergency medical care was provided.
“The LAPD violated its policies and procedures for responding to incidents involving contact with the mentally ill,” the plaintiffs wrote in their complaint. “There were no urgent circumstances to subdue Yang, and non-lethal weapons were available but not used. The LAPD officers’ actions were careless and reckless.”
The lawsuit also held the city of Los Angeles and the LAPD accountable for inadequate training and failure to properly hire, supervise, and discipline the officers who were involved in the incident.
The complaint alleged that Lopez had a history of shooting mentally ill people in the past, and all of such contributed to Yang’s death.
The plaintiffs also pointed to violations of the Bane Act (California Civil Code Section 52.1).
While Yang was in a confused state due to mental illness, the officers used force to subdue him, which constituted a violation of his rights under the Bane Act, the plaintiffs alleged.
“The actions of Officer Lopez and Sergeant Ruvalcaba were intentional and malicious,” the plaintiffs said. ”It was to harass and oppress Yang, and it was reckless disregarding the victim’s safety and civil rights.”
“I am hopeful that the legal process will reveal information or evidence that was previously unavailable through the discovery process,” Min Yang told the Korea Daily on Saturday, adding, “I expect a long fight, but I will not give up.”
BY SUAH JANG, HOONSIK WOO [jang.suah@koreadaily.com]
