(The Center Square) – The owner of a North Hollywood small business destroyed by a fierce standoff between SWAT and fugitives filed a lawsuit against the City of Los Angeles after his insurance company claimed government damage was not covered under his policy.
On August 3, 2022, an armed fugitive fleeing from the U.S. Marshalls ran into the shop, causing a standoff with the U.S. Marshalls until the Los Angeles Police Department (LAPD) dispatched a SWAT team to capture the fugitive. In the ensuing 13 hours of action at the business, from which the fugitive, over $60,000 in damage was done to the 31-year-old business’s equipment and building.
NoHo Printing and Graphics owner Carlos Pena filed the federal lawsuit with the Institute for Justice, a non-profit, public-interest law firm only after exhausting other avenues for compensation. First, Pena sought restitution from his insurance company, which told him government damage was not covered under his policy. Next, Pena contacted the U.S. Marshalls for assistance, but they passed the blame onto LAPD. When Pena reached out to the City of Los Angeles for compensation, they ignored him.
“I couldn’t believe it when I was told that I wouldn’t be paid for the damage,” said Pena. “The business I had worked so hard to build was completely destroyed and I was left with the bill, even though I did nothing wrong.”
With his building destroyed and equipment inoperable, Pena’s income plummeted by 80%, leaving a lawsuit as his only recourse.
“Pursuing dangerous fugitives is a legitimate government function, and unfortunately sometimes that will lead to the destruction of innocent people’s property. But when that happens, the government can’t just shrug and say, ‘tough luck.’ It must compensate the victim,” said IJ Attorney Jeff Redfern.
When reached for comment, LAPD responded that it is official policy not to comment on pending litigation.
