The widow of a man who was shot dead by the Sunnyvale police in September 2007, has filed a wrongful death lawsuit in federal court this week alleging that the city and its public safety officers were negligent and that they had violated her husband's civil rights.
Jose Francisco Canas was shot dead by the police who were attempting to arrest him on murder charges. His widow, Erica Canas, is challenging the police's account of the incident which states that the police were firing in self-defense when Canas tried to run over them in his car in an attempt to escape.
Originally filed six months ago, the lawsuit was withdrawn after city lawyers alleged that it was too vague. It was later filed in Santa Clara County Superior Court before being filed again as a federal case. The city has rejected the family's claim for damages based on the shooting.
In her lawsuit, Canas' wife, has stated that her husband was just driving to work and was not, as officers put it, 'fleeing from justice or resisting arrest'.
Her lawsuit further alleges that the police misrepresented evidence so as to be able to obtain a warrant against Canas in relation to a gang related slaying. They used an unreliable informant, pressurized a witness to change their testimony and singled out Canas to be a gang member owing to his racial ancestry.
Erika Canas is seeking unspecified damages and is filing the lawsuit on behalf of the couple's 2 year old twin sons as well.
To read more about the case click here.
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