McKenzie Scott PC secures a lifetime structured recovery for Erik Talavera, who was shot by two Sheriff's deputies while complying with their commands
San Diego, CA, October 27, 2026
San Diego County Settles Civil Rights Lawsuit Over 2022 Deputy Shooting in El Cajon for $2.9 Million
The County of San Diego has agreed to pay $2.9 million to settle a federal civil rights lawsuit [Talavera v. County of San Diego, et al.; Case No. 3:23-cv-2162-TWR-SBC] brought by Erik Talavera. Two San Diego County Sheriff’s deputies shot Mr. Talavera in El Cajon in February 2022. The case settled on September 23 in the U.S. District Court for the Southern District of California, less than two weeks before a jury trial was set to begin.
On February 16, 2022, deputies David Lovejoy and Jonathan Young responded to an El Cajon cul-de-sac during a regional auto-theft task force operation. They ordered Mr. Talavera to the ground at gunpoint and shot him repeatedly while he was complying. Expert analysis demonstrated that they shot Mr. Talavera while he was facing away from them and going to the ground. The deputies later claimed they mistakenly believed he might have had a gun. But neither deputy mentioned a gun during or after the shooting that night. In fact, Mr. Talavera was setting a pocketknife on the ground when deputies opened fire, according to Mr. Talavera’s attorneys. Mr. Talavera survived the shooting.
Mr. Talavera’s lawsuit alleged police excessive force under the Fourth Amendment and violations of California law, including the Bane Act.
Much of Mr. Talavera’s recovery is structured as monthly payments guaranteed for the rest of his life to support his ongoing medical care and living expenses.
“Nothing undoes what happened to Erik that day, but this settlement gives him some stability for the future. It’s structured to cover his medical care and basic living expenses over many years, which is what he needs most,” said civil rights attorney Tim Scott, who represented Mr. Talavera.
“Deputy Lovejoy was already the subject of an excessive force lawsuit when he shot Mr. Talavera in the back and I hope our investigation and settlement will encourage the Sheriff’s Department to better police their own and avoid horrific incidents like this,” said Marcus S. Bourassa, who also represented Mr. Talavera.
Mr. Talavera was represented by attorneys Tim Scott and Marcus S. Bourassa of McKenzie Scott PC, with paralegal Bianca Perez.
A Trial-Ready Approach
The Talavera settlement reflects the approach McKenzie Scott PC takes in every case: prepare it for trial from day one. The firm builds its police misconduct and civil rights cases through independent investigation, works with experts in their fields, and files original motions to make sure its clients are treated fairly in court. In this case, expert analysis of the shooting was central to establishing that Mr. Talavera was facing away from the deputies and going to the ground when they fired.
A Record of Holding San Diego County Accountable
The settlement adds to McKenzie Scott PC’s history of record-setting, major civil rights results against government agencies in San Diego County, including:
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$85 million verdict in K.J.P. v. County of San Diego (Estate of Lucky Phounsy), the then-largest-ever police in-custody death damages award, with Tim Scott as lead trial counsel
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$16 million settlement in Estate of William Hayden Schuck v. County of San Diego, the largest wrongful-death settlement against San Diego County ever, arising from an in-custody jail death
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$1 million settlement in Estate of Brian Umana v. City of National City, the largest police wrongful-death settlement in National City’s history
More of the firm’s notable cases are available on its Featured Cases page.
The Civil Rights & Police Misconduct Attorneys
Tim Scott, a founder of McKenzie Scott PC and a graduate of Stanford Law School, has defended people’s constitutional rights in the courtroom for more than 20 years and has tried approximately 60 civil and criminal jury trials. The San Diego Criminal Defense Bar Association named him its 2016 Trial Lawyer of the Year, and he is consistently recognized by peers as a Super Lawyer in both trial and appellate categories.
Marcus S. Bourassa holds undergraduate, graduate, and law degrees from Stanford University. Before law school, he served as an intelligence officer in the United States Marine Corps and deployed to Afghanistan. After clerking for U.S. District Judge Christina A. Snyder of the Central District of California, he joined the San Diego Federal Public Defender’s office, where he tried numerous cases to verdict and argued before the Ninth Circuit.
About McKenzie Scott PC
McKenzie Scott PC is a San Diego civil rights law firm representing people harmed by police brutality, in-custody jail deaths, and other civil rights violations, as well as people accused of crimes in state and federal court. The firm also represents clients in personal injury and wrongful death cases. Led by founders Tim Scott and Michele Akemi McKenzie, the firm’s team of trial attorneys has been featured by the Associated Press, The Washington Post, CNN, the Los Angeles Times, and KPBS. The firm is located at 1350 Columbia Street, Suite 600, San Diego, CA 92101. To schedule a free case evaluation, call (619) 794-0451 or visit mckenziescott.com/contact.
Every case is unique. Prior results do not guarantee a similar outcome.