Family of ‘naked, aggressive’ man who died following attempted arrest seeks damages

Family members of a Los Banos man who died six days after a 2013 encounter with police are asserting that the Gilroy Police Department used “unnecessary and excessive force,” according to a claim rejected by the city of Gilroy. The man’s family sought $1 million in damages, and the GPD stands behind the actions of the officers involved.
On Aug. 2, 2013, then-42-year-old John Anthony Ruiz walked into the Longhouse Restaurant-naked-and began swinging his infant son in the air, GPD Sgt. Pedro Espinoza confirmed.
Patrons of the restaurant, concerned for the well being of the baby, wrangled the infant from Ruiz’s arms and kept him pinned him to the ground until authorities arrived.
When police officers entered the restaurant, Ruiz was acting aggressive, appeared to be under the influence of a controlled substance and resisted arrest, Espinoza said. Police used a small amount pepper spray in an attempt to get Ruiz to comply, but he continued to resist arrest.
“It took three to four officers to try and get him into custody,” Espinoza added.
During the struggle with police, Ruiz began to have a heart attack and lost consciousness. He was then transported to a local hospital in critical condition and died six days later.
Ruiz’s mother, Carmen Ruiz, filed the claim on behalf of his seven children and is seeking damages to cover medical and funeral expenses, loss of consortium, companionship and emotional distress. San Jose-based attorney J. Joseph Wall prepared the claim for the Ruiz family.
“The police encounter and ensuing conduct caused Ruiz to go into cardiac arrest,” the claim reads. “The officers’ unnecessary, excessive physical force inflicted trauma and great bodily injury to Ruiz. The excessive force used by the GPD and its officers was unreasonable and wrong under the circumstances.”
The claim suggests that the GPD used a taser on Ruiz a number of times, but police say that accusation is not true.
Following an administrative and Internal Affairs investigations after Ruiz’s death, the officers involved were exonerated of any wrongdoing, according to Espinoza.
“The officers violated none of our internal policies,” he said. “We absolutely stand behind the actions of our officers.”
Had Ruiz survived, he would have been charged with child abuse, possession of methamphetamine, being under the influence of methamphetamine and resisting arrest, according to police.
According to Espinoza, Ruiz displayed the textbook symptom of someone under the influence of a controlled substance, he added. Disrobing in public is an indication someone is overheating—which is a common side-effect of methamphetamine.
On the other hand, Ruiz’s family argues the GPD could have used other means to handle the situation and that the conduct of the officers involved “reflected a deliberate indifference to and malicious disregard of Ruiz’s life.” It also alleges the city and the GPD have a “tendency to use unnecessary, excessive force” and “may have been negligent or reckless in the hiring, training and/or disciplining (the arresting) officers for prior acts or omissions of misconduct.”
“Those remarks are completely unsubtantiated,” Espinoza said in response. “There is nothing to corroborate that.”
City council unanimously rejected the claim May 19. As of press time, a lawsuit had not been filed in District Court.