Hogan Injury

Mother of ER actress files wrongful death action

According to UPI, Vanessa Marquez’s mother, Delia McElfresh is filing a wrongful death lawsuit against the city of South Pasadena concerning the shooting of the actress most famous for her role on the long-running TV series, “ER.” The suit alleges that South Pasadena police officers acted in a reckless and negligent manner, resulting in Marquez’s death in August 2018.

The incident started when EMTs were called to Marquez’s home on the news that she was having a seizure. However, for reasons not fully explained, a group of police officers responded for what was a medical emergency instead. Things went downhill from there.

The suit alleges that the officers entered the home “without probable cause” and tried to forcibly remove Marquez when she refused to go with them to the hospital. The officers claim that Marquez aimed a BB gun at them whereupon they shot her in the torso and then transported her to the hospital where she was pronounced dead. The suit alleges that this story is false and that Marquez did not threaten the police officers with deadly force.

An account in the LA Times notes that Marquez was examined by paramedics and the officers determined that she was a danger to herself, hence the attempt to forcibly remove her. Police bodycam footage notes that an officer screamed that Marquez had a gun. The officers retreated down the apartment stairs, shouting that the actress drop the gun and talk with them. Marquez is seen emerging at the top of the stairs with an object in her hand. The officers ordered her to drop the gun before shooting her several times.

Last March, the Los Angeles County DA determined that the police officers had not committed any wrongdoing. Marquez had posted on social media her wish to die and her purchase of the BB gun that resembles a Glock. Nevertheless, the suit seeks wrongful death and survivor damages as well as any costs that a court may assess.

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