OXNARD : Shooting Victim Can Sue County

An Oxnard man paralyzed in a shooting by a Ventura County sheriff’s deputy can sue the county, an appeal court ruled Thursday.

The ruling by the 2nd District Court of Appeal overturns Ventura County Superior Court Judge Barbara A. Lane who dismissed the man’s lawsuit in a summary judgment two years ago.

The opinion, written by Justice Kenneth R. Yegan, said Lane was correct in dismissing the portion of the lawsuit that contended Daniel Moreno’s federal civil rights were violated.

But in his ruling, Yegan said the lower court should not have thrown out Moreno’s claims of assault, battery and negligence under state statutes.

Moreno was one of four men who went to a Camarillo shoe store in February, 1990, to beat up the assistant manager, who had allegedly fondled Moreno’s daughter, according to court documents.

After the assistant manager called for help, Sheriff’s Deputy Linda Hagemann arrived and saw the four men fleeing the store, according to court records. Hagemann yelled “Freeze!” as three of the men ran around a corner. She yelled “Freeze!” again, and fired her shotgun as Moreno started to turn toward her, according to court documents.

One of the pellets hit Moreno in the skull, paralyzing him on his left side.

Attorney Allen B. Grodsky, who worked on Moreno’s appeal for the American Civil Liberties Union, said Thursday’s ruling clears the way for Moreno’s civil suit to move forward in the lower court.