A lawsuit has been filed against the Long Beach Unified School District (LBUSD) and former school safety officer Eddie Gonzalez on behalf of 9-month-old Isael Rodriguez Chowdhury, whose mother Manuela Rodriguez was fatally shot by Gonzalez near Millikan High School in September 2021.
“This coldblooded shooting was absolutely unjustified,” the legal complaint said.
According to the Long Beach Police Department, Gonzalez was patrolling the area around Millikan High School in Long Beach on Sept. 27 when he saw Rodriguez and a 15-year-old female student of the school fighting in the street.
According to an investigation by the Long Beach Police Department, once Gonzalez arrived, Rodriguez attempted to flee the scene in a vehicle that was also occupied by Mona’s partner Md. Rafeul Haider Chowdhury and his 16-year-old brother Shahriear Chowdhury.
When Rodriguez, the man and the boy attempted to leave the scene in the vehicle, Gonzalez approached the car and fired into the vehicle as the driver was pulling away, fatally striking Rodriguez, who was in the front passenger seat, police said.
(Courtesy GoFundMe)
“Eddie F. Gonzalez was standing away from the vehicle’s course of travel, and no portion of the vehicle came into contact with Eddie F. Gonzalez or would come into contact with Gonzalez as it travelled away from Gonzalez,” the legal complaint filed against LBUSD and Gonzalez said.
According to the lawsuit—which was filed on Dec. 8, 2021—the plaintiffs allege that LBUSD was aware that Gonzalez was not properly trained in detaining people, or the use of firearms and deadly force.
The complaint alleges that “The LBUSD negligently investigated, hired, trained, evaluated, retrained, and retained Eddie F. Gonzalez. The LBUSD knew, or should have known, that he was not capable nor competent to safely carry out the various duties and responsibilities of a school safety officer.”
According to a statement by LBUSD sent to the Signal Tribune, the school district is “not at liberty to comment on this matter due to the pending litigation.”
The lawyer who filed the case, Robin Perry, did not immediately respond to requests for comment.
Rodriguez died of her wounds on Tuesday, Oct. 5, after the Long Beach Memorial Medical Center took her off life support, according to family members’ public statements.
“At no time relevant to this claim was Eddie F. Gonzalez, or any other person, in any danger of serious bodily injury or of death from the vehicle or from Manuela Rodriguez or any other person in the vehicle,” the complaint said.
Gonzalez was fired by the Long Beach Unified School District on Oct. 6. He was charged with murder on Oct. 27, 2021.
“The use-of-force policy used by our school safety office states officers shall not fire at a fleeing person, shall not fire at a moving vehicle and shall not fire through a vehicle window unless circumstances clearly warrant the use of a firearm as a final means of defense,” LBUSD Superintendent Jill Baker said at the time.
The complaint lists 9-month-old Rodriguez Chowdhury as “the successor in interest” to the estate of Manuela Rodriguez. While the plaintiff is listed as Rodriguez Chowdhury since he is a minor, the suit is being made by and through his father Md. Rafeul Haider Chowdhury.
“As a result of the unreasonable conduct of these defendants, plaintiff Isael Rodriguez Chowdhury lost his mother, Manuela Rodriguez, as well as her love, affection, society, companionship, care and financial and moral support,” the complaint said.
According to court documents obtained by the Signal Tribune, the suit lists five different complaints: wrongful death, assault & battery, unreasonable search and seizure, interference with familial integrity and civil rights violations.
According to Unicourt.com, a non-jury trial has been scheduled for June 2023.
“Manuela Rodriguez lost her life, and her son, the present plaintiff, has been deprived of the life-long love, affection, comfort, support and society of Manuela Rodriguez, and will continue to be so deprived for the remainder of his natural life,” the complaint said.
A separate lawsuit has also been filed against LBUSD by Rodriguez’s mother Manuela Sahagun.