ICAP represented the family of Fermin Valenzuela, Jr., in a high-stakes appeal that clarified the availability of damages in federal civil rights lawsuits. Mr. Valenzuela died in 2016 after Anaheim police officers placed him in multiple chokeholds during an encounter at a laundromat. A jury awarded his family $13.2 million. The City of Anaheim challenged this specific portion of the award, arguing that because California state law prohibits “loss of life” damages in wrongful death suits, those damages should also be barred in federal Section 1983 claims.
ICAP successfully defended the award before the Ninth Circuit and in a brief in opposition to the U.S. Supreme Court. The victory became final in December 2022, when the Supreme Court declined to review the case, solidifying the principle that the value of a human life is recoverable in federal court even when state law seeks to limit it.
