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Joseph Perez Fresno Settlement, City and County Pay More Than $10 Million Over 2017 Police Restraint Death

The family of Joseph Perez has reached a settlement worth more than $10 million over his death during a 2017 restraint by Fresno police officers, Fresno County sheriff’s deputies and an American Ambulance paramedic. The City of Fresno agreed to pay $6 million and Fresno County agreed to pay $4 million. The family also reached a separate, confidential settlement with the ambulance company, which is why the total is above $10 million.

Can other Fresno residents claim money? No. This is an individual wrongful-death and civil-rights case brought by Perez’s family. It is not a class action. There is no claim form, no settlement website, no administrator and no deadline for the public.

Quick Facts: Joseph Perez Fresno Settlement

DetailInformation
Total settlementMore than $10 million
City of Fresno payment$6 million
Fresno County payment$4 million
Ambulance company paymentConfidential (company identified in court filings as American Ambulance)
Person who diedJoseph Perez, age 41
Incident dateMay 10, 2017
LocationNear Palm and Santa Fe Avenues, Fresno, California
Federal casePerez v. City of Fresno, No. 1:18-cv-00127-AWI-EPG (E.D. Cal.)
Ninth Circuit appealNo. 22-15546, decided April 15, 2024
State court caseJoseph Perez, et al. v. City of Fresno, et al., Fresno Superior Court No. 22CECG01150
Case typeIndividual civil-rights and wrongful-death lawsuit
Class actionNo
Public claim form or deadlineNone
Settlement timingReached in early July 2026; confirmed October 1, 2026
Family attorneysNeil Gehlawat and John C. Taylor (Taylor & Ring LLP); Thomas C. Seabaugh

Who Can Claim Money From the Joseph Perez Settlement?

Only the plaintiffs in the lawsuit. Court records name Anthony Perez, Cecilia Perez, Terralee Perez, Joseph Perez Jr. and Michelle Perez, several of them also as successors in interest to Joseph Perez.

Living in Fresno, being arrested by Fresno police or experiencing a police restraint does not make anyone eligible for a share. The case was not certified as a class action and created no public compensation fund. Treat any website that offers a “Perez settlement claim form” as unreliable.

What Happened to Joseph Perez on May 10, 2017?

Fresno County sheriff’s deputies received a call about a man later identified as Perez, who was acting erratically, running through the street and screaming. Fresno police officers encountered him first near the intersection of Palm and Santa Fe Avenues. They believed he was under the influence of a controlled substance, seated him on the curb and handcuffed him. An officer called paramedics to arrange an involuntary psychiatric evaluation under California Welfare and Institutions Code Section 5150.

While waiting for the ambulance, Perez stood up and refused to sit back down. Officers took him to the ground. During the struggle he ended up face down, and his face repeatedly struck the pavement. Officers applied a RIPP restraint to his ankles and looped it to his handcuffs. The family’s attorneys call this a “hogtie.” The officers removed the loop when paramedics arrived, about 30 to 60 seconds later.

The Ninth Circuit’s description of what followed is the core of the case. A paramedic, Morgan Anderson, retrieved a backboard to strap Perez down while he was still prone. Perez yelled that he could not breathe. Anderson told an officer to sit on the backboard, and the officer sat on it for one minute and thirteen seconds while other officers applied pressure. Paramedics then spent about two more minutes securing him before turning him over and finding no pulse. Perez was pronounced dead at the hospital.

What Did the Coroner Find?

The Fresno County Coroner classified the death as a homicide and listed the cause as compression asphyxia during restraint, with methamphetamine toxicity as another significant contributor. A homicide ruling describes the manner of death. It is not a finding of criminal or civil liability.

The Fresno County District Attorney’s Office, the Sheriff’s Office, the Fresno Police Department and Fresno’s Office of Independent Review all concluded the officers’ actions were justified and within policy.

Joseph Perez Fresno Settlement, City and County Pay More Than $10 Million Over 2017 Police Restraint Death

What Did the Federal Courts Decide?

The family sued in federal court in 2018 under 42 U.S.C. § 1983 and state law. Defendants included the City, the County, seven officers and deputies, American Ambulance and paramedic Morgan Anderson.

District court, March 2022. The court found a reasonable jury could conclude the officers violated the Fourth and Fourteenth Amendments by pressing on the backboard while Perez was prone. It still granted qualified immunity because the law was not clearly established, granted summary judgment to the City and County on the failure-to-train claims, and declined to hear the remaining state-law claims.

Ninth Circuit, April 15, 2024. The appeals court affirmed. It held that the officers acted at the direction of a paramedic providing medical care, and that existing law did not clearly establish their conduct as unconstitutional. It also held the paramedic was entitled to qualified immunity and that the family lacked evidence of deliberate indifference in police training. The court wrote that the paramedic’s conduct “may have fallen well short of any reasonable standard of care,” yet he was trying to render aid. Judge S.R. Thomas dissented in part and would have denied immunity to the individual officers, citing the Ninth Circuit’s earlier Drummond v. City of Anaheim decision on prone restraint.

Qualified immunity is a legal shield against federal constitutional damages claims. It is not a finding that the conduct was lawful or that nobody was at fault.

Why Did the Case Settle After the Appeal Loss?

The Ninth Circuit ruling resolved the federal constitutional claims. The state-law claims for wrongful death, gross negligence and related theories continued in Fresno Superior Court. The City of Fresno listed Joseph Perez, et al. v. City of Fresno, et al., No. 22CECG01150, as existing litigation on its June 18, 2026 City Council closed-session agenda.

The parties settled in early July 2026, according to the family’s attorney. The City, the County and the ambulance company resolved the family’s claims without a trial. Family attorney Neil Gehlawat said the family was relieved after nearly a decade of litigation. City and county officials confirmed the settlement and declined further comment. American Ambulance had not responded to Fresnoland’s request for comment when the news broke.

Does the Settlement Mean Fresno Police Were Found Liable?

No. No court or jury has found the officers, deputies, paramedic, City or County liable. The federal courts ruled for the defendants. A settlement ends a lawsuit by agreement, and the public sources do not report that the City or County admitted wrongdoing.

How Much Will the Perez Family Receive?

The public record does not say. The reported figures are $6 million from the City and $4 million from the County, plus the confidential ambulance-company payment. The split among family members, attorneys’ fees, costs and any other deductions have not been made public, so no net figure can be stated.

Joseph Perez Case Timeline

DateEvent
May 10, 2017Joseph Perez dies after restraint in Fresno
2018Family files federal lawsuit, No. 1:18-cv-00127-AWI-EPG
March 2021Family’s attorneys release police body camera footage, drawing national attention
March 2022District court grants summary judgment and qualified immunity
April 15, 2024Ninth Circuit affirms, No. 22-15546
June 18, 2026Fresno City Council discusses Case No. 22CECG01150 in closed session
Early July 2026Settlement reached
October 1, 2026Settlement publicly confirmed

Frequently Asked Questions

Is there a Joseph Perez settlement claim form?

No. The settlement resolves one family’s lawsuit. No claim form, administrator, website or public deadline exists.

How much is the Joseph Perez settlement?

The City of Fresno agreed to pay $6 million and Fresno County agreed to pay $4 million. The family also reached a confidential settlement with the ambulance company, so the total exceeds $10 million.

Who is eligible for the settlement?

Only the family members who brought the lawsuit. The settlement is not open to the public.

Was this a class action?

No. It was an individual civil-rights and wrongful-death case.

Did the Ninth Circuit rule in favor of the Perez family?

No. It affirmed qualified immunity for the officers and the paramedic and rejected the failure-to-train claims. The settlement came later, after the state-law claims continued.

How did Joseph Perez die?

He died after a restraint in which an officer sat on a backboard placed over his back while he was prone and handcuffed. The coroner ruled the death a homicide caused by compression asphyxia during restraint, with methamphetamine toxicity as another significant contributor.

Did Fresno admit wrongdoing?

No admission has been reported. Settlements generally resolve a case without deciding the allegations.

Is a wrongful-death settlement taxable?

Compensation for physical injury or death is generally excluded from federal income tax under 26 U.S.C. § 104(a)(2). Tax treatment can vary, so recipients should confirm with a tax professional.

Related Coverage

Disclaimer: This article is for general information only and is not legal advice. Rights, deadlines and claims depend on specific facts and applicable law.

Sources and Court Records

  1. U.S. Court of Appeals for the Ninth Circuit, Perez v. City of Fresno, No. 22-15546, opinion filed April 15, 2024: https://cdn.ca9.uscourts.gov/datastore/opinions/2024/04/15/22-15546.pdf
  2. U.S. District Court, E.D. Cal., Anthony Perez, et al. v. City of Fresno, et al., No. 1:18-cv-00127-AWI-EPG, summary-judgment order filed March 18, 2022: https://www.govinfo.gov/content/pkg/USCOURTS-caed-1_18-cv-00127/pdf/USCOURTS-caed-1_18-cv-00127-19.pdf
  3. City of Fresno, City Council agenda and minutes, June 18, 2026 (closed session item 5-D, Fresno Superior Court No. 22CECG01150): https://agendas.fresno.gov/en/meetings/cmqbbg1u7u8xcpe4bjc36ms9z
  4. Fresnoland, “Fresno family collects more than $10 million from local law enforcement in 2017 homicide case,” Rob Parsons, October 1, 2026 (settlement amounts, attorney statements, timing): https://fresnoland.org/2026/10/01/joseph-perez/

About the Author

Israr Ahmad is a legal content researcher with 4+ years of experience covering class action settlements and consumer rights cases. He has researched and published coverage of 2,500+ settlements using verified court records, settlement administrator filings, and government sources. Learn more about Israr.

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