Family files $11 million claim against Glendale, firefighters

A 30-year-old patient suffered a concussion when a pair of Glendale firefighters beat him during an October medical call at a home near 83rd and Glendale avenues, according to a multimillion-dollar notice of claim filed against the city and fire department this week.

The family of James Murillo is seeking $11 million and attorney fees in connection with the incident, made public the day after it occurred when a neighbor posted a partial cellphone video of the fracas on YouTube. The video shows Glendale emergency crew members cursing and restraining Murillo and has nearly 70,000 views.

The claim was sent out Monday for service, but was pulled back to include a request for attorneys fees, according to Murillo's attorney, who said he expects it to be delivered to the city this week. A notice of claim is a precursor to a lawsuit.

The firefighters were placed on administrative leave, and city officials launched a months-long investigation into the incident. The probe concluded that Glendale fire Capt. Sean Alford and firefighter Danny Padilla used excessive force when they punched Murillo five to six times to defend themselves after Murillo hit Alford in the nose with a back-handed blow that knocked off his glasses, mask and radio. The investigation also determined that Alford threatened Murillo and the life, health or well-being of Murillo's parents when they tried to intercede.

"I didn't believe it was happening," Raul Murillo, James' 55-year-old father said in Spanish about witnessing the incident. "It was incredible. I was scared."

Fire Chief Mark Burdick, who apologized in October to Murillo's mother for the language used by the firefighters, confirmed last week that he suspended Alford for two days without pay and Padilla for one day without pay. The men had been on reassignment since returning from leave and were slated to return to their normal positions after completing the suspension.

Murillo — who is diagnosed with schizophrenia, bipolar and multiple-personality disorders — suffered headaches, had difficulty chewing and experienced extreme nervousness that forced him to return to the hospital about four days after the incident, according to the claim. Medical staff diagnosed him with a concussion, facial contusion and post-traumatic stress disorder, the claim states.

The family moved out of Glendale about two weeks after the incident because, according to the claim, they feared for their lives and did not want to call the fire department again if Murillo had another seizure.

"They've changed our life completely," Raul Murillo said. "I hope there is justice."

Burdick said could not comment on the claim. Glendale Communications Director Julie Watters said that the city does not comment on litigation and that the city had yet to receive a copy Tuesday afternoon.

"While no one wants to minimize this incident, to see someone try to turn a profit at the expense of firefighters and taxpayers is deeply disappointing," said Joe Hester, president of the Glendale Fire Fighters. "This is an absurd amount of money and a fundamentally absurd claim."

The family's attorney, David W. Lunn of DKL Law PLLC, wrote in the claim that a jury would award the Murillos $14 million and offered to settle for $11 million plus attorney fees.

If an agreement can not be reached, the claim states that Lunn intends to file suit against Alford, Padilla and the city for false imprisonment, assault and battery, excessive force, negligence, punitive damages and intentional infliction of emotional distress.

Lunn also wrote in the claim that the city was negligent, failed to have proper procedures in place and failed to train firefighters on how deal with mentally ill or combative patients.

Murillo's mother first called 911 after Murillo suffered a seizure in his bedroom, according to the claim. When emergency crews arrived, Raul Murillo and Margarita Rodriquez disclosed their son's medical history and handed over his medication, the document states. Alford's crew used three seat belts — around the feet, over the thigh and on his waist — to attach Murillo to a gurney for transport to the hospital. Murillo's arms were free as he was wheeled out of the house.

From that point, Lunn's narrative of what happened differs from the city's findings.

Murillo became "confused, disoriented and agitated" and started "swinging" his arms and unintentionally made contact with his father's face as he held the door for the firefighters, Lunn wrote. One first responder told him to calm down and Padilla grabbed his arm. Murillo then started flailing his arms and hit Alford, according to the claim.

"Something simple they could have done was to hold his hands at that moment," Raul Murillo said. "(James) didn't know what was happening."

Murillo reportedly told city investigators that he was angry, had fought verbally and physically with his father earlier in the day and chose to take on the firefighters to avoid a trip to the hospital.

Glendale police arrested Murillo on suspicion of assaulting a firefighter. They later submitted the same charge against his father to the Maricopa County Attorney's Office. In December, the county attorney declined to prosecute either man because there was no likelihood of a conviction.