The family of a 32-year-old man who died after San Bernardino County sheriff’s deputies used force to detain him last year is suing the city of Rancho Cucamonga and the Sheriff’s Department, accusing them of excessive force and wrongful death.
Deputies responded shortly after midnight on March 19, 2024, to an apartment complex in the 10100 block of Foothill Boulevard, where at least one caller reported someone “in distress and behaving erratically,” according to the lawsuit.
Mohd Hijaz, 32, of Rancho Cucamonga, was sitting in the parking lot of Arte Apartments before deputies arrived, and at least one driver stopped to talk with Hijaz, believing he was in distress. Hijaz “could barely verbalize that he needed water,” and the driver agreed to get him some before driving away, according to the suit.
An initial news release from the Sheriff’s Department claimed deputies responded after reports that someone was trying to open apartment and vehicle doors and pulling the building’s fire alarm. The department claimed Hijaz was sitting in a bush and yelling incoherently when deputies arrived.
The lawsuit argues that Hijaz was sitting unarmed and in plain sight in the outdoor parking lot of Arte Apartments when two female deputies arrived.
Hijaz stood and walked toward the deputies, “likely seeking water or assistance since he was visibly in distress and not feeling well,” the lawsuit said. The Sheriff’s Department said deputies told Hijaz to stop as he moved toward them, but he didn’t listen to the command.
The deputies then used a Taser on Hijaz several times, the lawsuit claims.
Then, another patrol car arrived with two male deputies. When the deputies tried to detain Hijaz, the Sheriff’s Department claimed Hijaz hit one of them in the face.
During the encounter, the lawsuit claims that deputies used excessive force, striking Hijaz with batons and slamming his head into the pavement, causing severe injuries and forcing Hijaz into cardiac arrest. Paramedics transported Hijaz to San Antonio Regional Hospital in Upland, where he was pronounced dead.
When asked about the lawsuit, the Sheriff’s Department said it doesn’t comment on pending litigation. The Riverside County Coroner’s Office, who performed the autopsy, couldn’t disclose information about Hijaz’s cause of death.
Hijaz’s mother, Fathieh Jawdat Naji, his wife, Nada Osama Nafaa, and toddler-aged daughter are the plaintiffs in the suit.
The lawsuit claims Hijaz posed no threat to law enforcement or the public and didn’t try to flee when deputies arrived.
“He was experiencing a mental health crisis, was visibly in distress, and was not engaging in criminal conduct,” the lawsuit said. “There was no need to exercise any force, let alone the excessive force that ultimately caused [Hajiz’s] death.”
Sa’id Vakili, an attorney for the family, said Hajiz’s family hasn’t received body camera footage, security footage from a nearby apartment building and an autopsy report.
“It’s been 13 months,” Vakili said. “We find that very unusual the coroner’s office hasn’t turned over the report to the family.”
The family has seen photos from the coroner’s office, showing Hajiz had baton injuries and bruising on his legs and torso, Vakili said.
Vakili said he has made several requests for the footage plans to get the evidence through discovery. He said Hajiz hasn’t had a history of violence and that the family is skeptical of claims he struck a deputy.
“Once we get the body cam footage and the other footage that they’re in possession of, we’ll be able to see exactly what happened,” Vakili said.