March 23--The Los Angeles City Council approved paying nearly $6.9 million Wednesday in a lawsuit brought by a man who was shot by police while fleeing a drive-by shooting -- a hotly contested case that city attorneys had unsuccessfully appealed to the U.S. Supreme Court.
The city payout includes a $5.7-million court judgment first awarded by a jury four years ago, plus accrued interest and attorneys' fees.
The dispute centered on a confrontation more than a decade ago that left the man paralyzed. In September 2005, two Los Angeles Police Department officers chased and shot Robert Contreras after he ran from a white van that witnesses said was involved in a drive-by shooting.
The police officers said they had seen a gun in Contreras' hand as he fled and that he had turned toward them with an object in his hand.
After he was shot, Contreras was found to be carrying a cellphone. No weapon was found on Contreras or nearby after an extensive search.
Contreras, who pleaded no contest to attempted murder in the drive-by shooting and served time in state prison, later sued the city and the two officers, accusing them of using excessive force.
In 2012, the City Council rejected a proposed $4.5-million settlement in the case, only to see a jury order the city to pay a bigger sum -- $5.7 million -- to Contreras.
City Atty. Mike Feuer sought to have that judgment thrown out, arguing that when the situation was viewed from "the officers' on-scene perspective, not with 20/20 hindsight, their use of force was entirely reasonable under the 4th Amendment."
But the U.S. Supreme Court turned down the city appeal in December, allowing the $5.7-million judgment it to stand.
The U.S. 9th Circuit Court of Appeals had previously rejected the city's attempts to overturn the judgment.
City lawyers "have run out of remedies.... They really don't have a choice" but to pay the money, said Dale K. Galipo, the lead attorney representing Contreras. He called the sum "a life-changer" for his client.
Galipo added that the case was significant because it showed that even if someone was allegedly involved in criminal activity, "if police officers act inappropriately and use excessive force against that person, they can still be held responsible."
Feuer spokesman Rob Wilcox declined to comment on the Wednesday decision.
Times researcher Scott Wilson contributed to this report.
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