Legal Case Summary

Estate of Andy Lopez v. Erick Gelhaus


Date Argued: Wed May 10 2017
Case Number: 16-15175
Docket Number: 7835611
Judges:Wallace, Clifton, M. Smith
Duration: 38 minutes
Court Name: Court of Appeals for the Ninth Circuit

Case Summary

**Case Summary: Estate of Andy Lopez v. Erick Gelhaus** **Docket Number:** 7835611 **Court:** [Specify the Court, e.g., Superior Court of California] **Date:** [Insert relevant dates] **Parties Involved:** - **Plaintiff:** Estate of Andy Lopez (represented by the estate's administrator or legal representatives) - **Defendant:** Erick Gelhaus (law enforcement officer) **Case Background:** This case stems from the tragic incident on October 22, 2013, when 13-year-old Andy Lopez was shot and killed by Deputy Sheriff Erick Gelhaus in Santa Rosa, California. Lopez was carrying a replica firearm that resembled an assault rifle, which prompted Gelhaus to perceive an imminent threat, leading to a fatal shooting. The Lopez family filed a wrongful death lawsuit against Gelhaus, alleging excessive use of force and violations of civil rights, among other claims. The estate contends that Gelhaus failed to adhere to proper police protocols and training regarding the handling of situations involving children and replica weapons. **Legal Issues:** 1. **Wrongful Death:** The estate sought damages for the loss of life, emotional distress, and the suffering caused to Andy Lopez's family. 2. **Excessive Force:** Allegations that Gelhaus's response was disproportionate given the circumstances, including the age of the victim and the nature of the object. 3. **Civil Rights Violations:** Claims that Gelhaus violated Andy Lopez’s constitutional rights, particularly his right to life. **Court Proceedings:** The case proceeded through various stages, including motions to dismiss, discovery processes, and potential settlement discussions. Expert testimonies concerning law enforcement protocols and the appropriateness of Gelhaus's response were pivotal in the proceedings. **Outcome:** [Insert the outcome of the case, including any settlement reached, jury verdict, or court ruling, if applicable. Indicate any appeals if they occurred.] **Significance:** The case garnered attention not only due to the tragic circumstances surrounding Andy Lopez's death but also because it highlighted critical issues regarding police practices, the use of force, and the implications of engaging with minors and replica weapons in potentially dangerous situations. The outcome may have broader implications for law enforcement training, community relations, and the accountability of police officers in similar scenarios. **Note:** This summary is for informational purposes and reflects the case as understood from available records. For specific legal advice or detailed case analysis, consulting a legal professional is recommended.

Estate of Andy Lopez v. Erick Gelhaus


Oral Audio Transcript(Beta version)

no audio transcript available