A $20 million lawsuit filed on behalf of two teens, one of whom was mistakenly shot by police in South Los Angeles after his friend was spotted with what turned out to be replica handgun, alleges their encounter with officers had racial overtones.
The lawsuit filed Monday in Los Angeles federal court by the mother of Jamar Nicholson and the father of another teen present during the shooting alleges that officers violated the boys’ civil rights by using excessive force.
Attorney John Harris alleges police showed “callous disregard” for 15- year-old Jamar, who was shot in the back around 7:45 a.m. Feb. 10 near Crenshaw Boulevard and Florence Avenue.
The officer who shot the boy was one of a group of criminal gang homicide officers in civilian clothes conducting an investigation in the area. Police said one officer called out to the youth carrying the replica weapon and ordered him to put it down, and when he didn’t, the officer fired, striking the other teen in the upper back.
The Los Angeles Police Department does not comment on pending litigation, according to Officer Ricardo Hernandez of the LAPD’s media relations office.
Harris alleges that the decision by officers to confront the teenagers was based on their race. Jamar is black, and the other teen plaintiff is Hispanic, according to the lawsuit.
In February, LAPD officials blamed the shooting on the existence of realistic replica weapons. In the days following the shooting, LAPD officials held a news conference, displaying realistic-looking replica weapons and urging parents to prevent their children from carrying such toys.
After the shooting, Jamar told reporters that he knew his friend was carrying a replica gun but had no idea whether the other boy was pointing it in his direction. He said they were walking their normal route to school when he heard someone yell “Freeze!” Seconds later, he was shot.
The lawsuit names the officer who fired the shot as Miguel Gutierrez, and other defendants include the city of Los Angeles, LAPD Chief Charlie Beck and various unnamed officers.
