A federal wrongful death lawsuit filed on behalf of a 23-year-old man against the City of Long Beach may be headed to state court at the recommendation of a judge after prosecutors and defense attorneys agreed to drop three of four claims, according to documents.

Rosa Moreno, mother of 23-year-old Cesar Rodriguez, filed the wrongful death lawsuit in federal court on behalf of her son, also alleging assault and battery, excessive force and inadequate training in Aug. 2018. The filing came one year after Rodriguez struggled with a police officer on the platform of the Metro Blue Line’s Wardlow Station and wound up pinned between a train and the platform on Aug. 29, 2017.

He later died at a hospital.

The city, the Long Beach Police Department and the involved officer were named as defendants in the federal case.

A motion on Monday, March 30, tossed out a state claim of assault and battery and federal claims of excessive force and inadequate training, Principal Deputy City Attorney Howard Russell said. However, U.S District Judge Christina A. Taylor opted to send the case back to state court rather than dismiss it.

The move allows the plaintiffs an opportunity to file the case in state court within 45 days, Russell said Wednesday.

“As soon as we see that, we’ll continue to move forward,” he said.

Arnoldo Casillas, an attorney representing Moreno and the estate of Cesar Rodriguez, did not respond to requests for comment, Wednesday.

Cesar Rodriguez, 23, died Aug. 29, 2017 after he became pinned between a Metro Blue Line train and a platform during an encounter with police one year ago at the Wardlow Station in Long Beach. Video courtesy Arnoldo Casillas.

Evelia Granados, sister of Cesar Rodriguez, said Thursday, Sept. 14, 2017, that she doesn’t accept Long Beach police’s explanation of his death, says she wants to see video of the incident at a Metro train platform. (Photo by Jeremiah Dobruck/Long Beach Press-Telegram)



On Aug. 29, 2017, two Long Beach police officers were conducting fare inspection on a northbound Metro Blue Line train between Willow and Wardlow stations about 8:45 p.m. when they discovered Rodriguez’s TAP card was invalid.

At Wardlow Station, Rodriguez and the officers exited the train. Rodriguez allegedly said he did not have identification, but lived in East Los Angeles, while providing what officers believed was a false name.

When the officer searched Rodriguez and found what he suspected was methamphetamine, Rodriguez attempted to flee. A struggle ensued and both men fell to the ground with Rodriguez’ legs partially hanging off the platform.

A northbound train struck Rodriguez and pinned his lower torso between the train and the platform, where he suffered internal injuries, bone fractures and was stuck for 25 minutes, according to the complaint.

Firefighters freed Rodriguez and took him to a hospital, but he died of his injuries.

In the criminal complaint, the plaintiffs accused the officer of knowingly forcing Rodriguez to the edge of the platform as the train was coming and that he could hear the train coming, but failed to pull Rodriguez out of harm’s way.

Defense attorneys, in court documents, contend Rodriguez willingly bent his knees, lowered his hips and lunged toward the tracks in an attempt to flee the officer. In doing so, both men fell to the ground and Rodriguez was subsequently struck by the train.