ⓘThis article reports on a matter of public interest. Carrazco Law, A.P.C. is not representing any party involved in this incident unless expressly stated.
Officer Samuel Riveros Killed in Baldwin Park Shootout with Suspect
Samuel Riveros Killed in Baldwin Park Officer-Involved Shooting
Samuel Riveros: Officer Dies in Deadly Shootout with Suspect
BALDWIN PARK, CALIFORNIA (April 29, 2026): Officer Samuel Riveros was killed in a deadly shootout in Baldwin Park that also claimed the life of civilian Darius Wong. Bodycam footage was released showing the incident, and suspect Eduardo Roberto Medina-Berumen was charged with two counts of murder. The California Department of Justice is investigating the officer-involved shooting under AB 1506.
Liability for Los Angeles Officer-Involved Shootings
Under 42 U.S.C. § 1983, individuals can seek civil rights damages when police officers violate constitutional rights under color of law. California Penal Code § 835a establishes standards for peace officer use of force, while the California Civil Code § 52.1 (Bane Act) provides state-level civil rights protections. The U.S. Constitution's Fourth Amendment protects against unreasonable seizure, and Graham v. Connor (1989) 490 U.S. 386 establishes the objective reasonableness standard for excessive force claims. Police departments, municipalities, and individual officers may all face liability.
Failure to De-escalate: Officers may not have used required de-escalation techniques.
Excessive Force: The level of force may be disproportionate to any perceived threat.
Lack of Warning: Officers may not have given adequate warning before using force.
Mental Health Crisis: Persons in mental distress require specialized response.
Civil rights violations may be based on negligence, constitutional violations under § 1983, or state civil rights laws. Families may recover damages for wrongful death, pain and suffering, medical expenses, lost income, and punitive damages in cases involving deliberate indifference or malicious conduct.
Steps to Take After a Los Angeles Officer-Involved Shooting
According to the California Department of Justice, there were 110 officer-involved shootings in California in 2023 that resulted in death or serious bodily injury.
Request body camera footage through a California Public Records Act request.
Seek the involved officer's use-of-force history and prior complaint records.
Request the incident report and any internal affairs investigation documents.
File a government tort claim within 6 months of the incident.
Consult a civil rights attorney before making any statements to investigators.
Statute of limitations: 2 years, California Code of Civil Procedure § 335.1. For claims against government entities: Government claim deadline: 6 months, California Government Code § 911.2. Contact an attorney promptly to protect your rights.
Investigating Los Angeles Officer-Involved Shootings
We at Carrazco Law, A.P.C. extend our deepest condolences to the family of Samuel Riveros. Was the use of deadly force justified under the circumstances? Did officers follow proper protocols for engaging with armed suspects?
Do you have questions about a Los Angeles officer-involved shooting? Our team is here for you. Call us anytime at (800) 541-3244. Se Habla Español. Free consultation.
Legal Context
Applicable California Law
42 U.S.C. § 1983, Federal civil rights statute allowing claims for constitutional violations by government officials acting under color of law
California Penal Code § 835a: Standards for peace officer use of deadly force
California Civil Code § 52.1 (Bane Act): State civil rights protections against threats, intimidation, or coercion
Fourth Amendment: Protection against unreasonable seizure
California Government Code § 815.2: Public entity liability for employee acts or omissions
California Government Code § 820.2: Public employee liability for injuries caused by acts or omissions
California Code of Civil Procedure § 335.1: Two-year statute of limitations for wrongful death and personal injury claims
California Government Code § 911.2: Six-month government claim filing deadline
Assembly Bill 1506: Requires California Department of Justice investigation of officer-involved shootings resulting in death of unarmed civilians
Liability Analysis
In officer-involved shootings, liability may arise if the use of force was objectively unreasonable under the totality of circumstances known to the officer at the time, as established in Graham v. Connor. Depending on the investigation's findings, potential claims could include failure to de-escalate, excessive force, inadequate training or supervision, or constitutional violations under 42 U.S.C. § 1983. The suspect's criminal charges for murder may affect but do not preclude civil claims against government entities if departmental policies, training deficiencies, or officer conduct contributed to the officer's death or civilian casualties.
Statute of Limitations
Claims against government entities require filing a government tort claim within six months of the incident under California Government Code § 911.2. If the claim is denied or deemed denied, a lawsuit must be filed within two years of the incident under California Code of Civil Procedure § 335.1 for wrongful death and personal injury claims. Missing the six-month government claim deadline typically bars any subsequent lawsuit, so immediate action is critical.
If You've Been Affected by a Similar Incident
Carrazco Law represents individuals and families affected by police shootings and officer-involved incidents across California. These cases involve complex federal and state laws including 42 U.S.C. §1983 (federal civil rights claims), Bane Act claims under California Civil Code §52.1, and government tort claims with strict deadlines (often six months from the date of incident under the California Government Claims Act). If you or a loved one has been affected by a similar incident, contact our office for a free, confidential consultation.
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Frequently Asked Questions
How long do I have to file a claim after an officer-involved shooting in California?
You must file a government tort claim within six months of the incident under California Government Code § 911.2. This is a strict deadline that applies to all claims against government entities, including police departments and municipalities. If you miss this deadline, you generally lose the right to sue. After filing the claim, if it is denied or deemed denied, you have an additional window to file a lawsuit, but the six-month government claim is the critical first step.
Can families sue when a police officer is killed in the line of duty?
Yes. While the officer's family may be entitled to workers' compensation death benefits and public safety officer death benefits, they may also have civil claims if third parties contributed to the death. Additionally, if department policies, inadequate training, defective equipment, or failure to provide proper backup or tactical support contributed to the officer's death, claims may potentially be brought against the employing agency under theories of negligence or deliberate indifference, depending on the specific facts established by investigation.
What is AB 1506 and how does it affect officer-involved shooting investigations?
Assembly Bill 1506, effective July 2021, requires the California Department of Justice to investigate all officer-involved shootings that result in the death of an unarmed civilian. The law aims to provide independent oversight and increase transparency. While AB 1506 investigations focus on criminal liability, the findings may be relevant to civil rights claims. Families and attorneys can request investigative reports and findings through public records requests, though some materials may be withheld pending criminal proceedings.
Can civilians injured or killed during a shootout with police still bring civil claims?
Yes, potentially. Even when a suspect is armed and engaged in criminal conduct, the use of force by police must still be objectively reasonable under the Fourth Amendment. If officers used excessive force, failed to follow established protocols, endangered bystanders, or acted with deliberate indifference to the safety of others, civil claims may be viable under 42 U.S.C. § 1983 or California's Bane Act. Each case depends heavily on the specific facts, including what the officers knew at the time and whether their response was proportional to the threat.
What evidence is important to preserve after an officer-involved shooting?
Critical evidence includes body-worn camera footage, dashboard camera video, 911 recordings, witness statements, scene photographs, ballistics reports, autopsy reports, and the involved officers' personnel files and use-of-force histories. Under California law, you can request these materials through a California Public Records Act request, though some records may be exempt or delayed during active criminal investigations. It is important to make these requests promptly and consult with a civil rights attorney to ensure evidence is preserved and your legal rights are protected.
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This article is published by Carrazco Law News for informational purposes only and does not constitute legal advice. Reading or sharing this content does not create an attorney-client relationship with Carrazco Law, A.P.C. Carrazco Law is not representing any party involved in the incident described above. If you have been affected by a similar incident, consult a licensed California attorney about your specific situation.
The information on this page is for general informational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship with Carrazco Law, A.P.C. If you have been injured or have lost a loved one, please contact our office directly for a confidential consultation.
