Burlington Coat Factory: How He Won

Burlington Coat Factory has been involved in several lawsuits, including one in which it was accused of violating California law by asking customers for their phone numbers during credit card transactions. The company denied any wrongdoing but eventually settled the case.

In another lawsuit, the company was accused of using deceptive pricing by listing compare prices that made it seem like customers were getting a larger discount than they actually were. This case was also settled, with Burlington Coat Factory agreeing to pay restitution and change its pricing scheme.

Additionally, Burlington Coat Factory recently agreed to pay nearly $20 million to settle two lawsuits brought by assistant store managers who claimed they were misclassified as exempt employees and denied overtime wages.

In a different case, luxury label Fendi won a lawsuit against Burlington Coat Factory for selling their goods without permission.

A 14-year-old girl was fatally shot by an LAPD officer in a Burlington Coat Factory store in 2021

Valentina Orellana-Peralta, a 14-year-old girl, was fatally shot by an LAPD officer in a Burlington Coat Factory store in North Hollywood, Los Angeles, in 2021. Valentina was in a dressing room with her mother, Soledad Peralta, when a stray bullet fired by Officer William Dorsey Jones Jr. pierced the wall and struck her. Valentina died in her mother's arms as she watched on helplessly.

Officer Jones had responded to 911 calls about a disturbance in the store involving 24-year-old Daniel Elena Lopez, who was behaving erratically and attacking two women with a bike lock. Body camera footage showed that Jones pushed to the front of the pack of officers, even as others told him to slow down. The officers saw a woman crawling on the blood-stained floor and Lopez on the other side of the aisle. One officer yelled, "Hold up! Hold up!" just before Jones fired three shots, one of which accidentally struck and killed Valentina.

The California Attorney General declined to file criminal charges against Jones, ruling that he used reasonable force as he was responding to a report of an active shooter. However, it was later revealed that Lopez was not armed with a firearm but with a bike lock. The shooting has sparked outrage and grief, with Valentina's family filing a lawsuit against the LAPD, alleging wrongful death and negligence. The lawsuit also names the city of Los Angeles and Burlington Stores Inc. as defendants.

The officer was cleared of all charges, despite an internal review panel split on whether his decision to open fire was justified

In 2021, a Los Angeles Police Department (LAPD) officer shot and killed a 14-year-old girl through the wall of a changing room at a Burlington Coat Factory store in North Hollywood. The officer, William Jones, was responding to a report of a possible active shooter. However, the suspect, Daniel Elena-Lopez, was not carrying a gun, but a bike lock.

Video footage from the incident showed Jones rushing to the front of a group of officers advancing toward the store's home goods section, where he opened fire almost immediately upon encountering Elena-Lopez. One of the rounds fired by Jones ricocheted off a floor tile and hit Valentina Orellana-Peralta, who was hiding in a fitting room with her mother. She was pronounced dead at the scene.

While an internal LAPD review panel was divided on whether Jones' decision to open fire was justified, then-Chief Michel Moore ruled in 2022 that the shots violated department policy. The Police Commission, in a rare split with the chief, concluded that only Jones' second and third shots were out of policy. Despite this, Jones was cleared of wrongdoing by the California Department of Justice, with California Attorney General Rob Bonta's office stating that Jones had used reasonable force.

The shooting sparked widespread outrage and grief, with demands for Jones to be criminally charged. The Orellana-Peralta family has filed a civil lawsuit against the city of Los Angeles, alleging failures in training and oversight. No LAPD officer has been charged in an on-duty shooting by county or state prosecutors in almost two decades. However, under District Attorney George Gascón, L.A. County prosecutors have been more aggressive in filing cases against law enforcement officers who use force on duty.

The girl's family has a pending civil lawsuit against the city of Los Angeles, alleging failures in training and oversight

Valentina Orellana-Peralta, a 14-year-old girl, was fatally shot by a Los Angeles Police Department (LAPD) officer in a Burlington Coat Factory store in North Hollywood in 2021. The officer, William Jones, was responding to a report of a possible active shooter. However, the suspect, Daniel Elena-Lopez, was later found to be carrying a bike lock, not a gun. One of the rounds fired by Jones ricocheted off a floor tile and hit Valentina, who was hiding in a fitting room with her mother.

The shooting sparked widespread outrage and grief, with demands for criminal charges to be brought against the officer. The California Department of Justice cleared Jones of any wrongdoing, stating that he used reasonable force as he believed he was responding to an armed threat. However, the Orellana-Peralta family has filed a civil lawsuit against the city of Los Angeles, alleging failures in training and oversight. They claim that these failures contributed to the deadly outcome of the incident.

The lawsuit contends that the LAPD's communication and coordination during emergency responses need improvement, as stated in the attorney general's report. It also highlights the need for officers to have better "situational awareness" before resorting to the use of deadly force. The family's attorneys have not provided any comments regarding the case.

The LAPD spokesperson declined to comment on the pending lawsuit. Officer Jones remains a full-time police officer, currently assigned to the Topanga division. While an internal review panel was divided on the justification for Jones' decision to open fire, the then-Chief Michel Moore ruled in 2022 that the shots violated department policy. The Police Commission, in a rare split with the chief, concluded that only the second and third shots were out of policy.

The California Department of Justice ruled the officer used reasonable force as he was responding to a report of an active shooter

In 2021, a Los Angeles Police Department (LAPD) officer shot and killed a 14-year-old girl in the changing room of a Burlington Coat Factory store in North Hollywood. The officer, William Jones, was responding to a report of a possible active shooter, later identified as Daniel Elena-Lopez, who was carrying a bike lock, not a gun. One of the bullets fired by Jones ricocheted off a floor tile and hit Valentina Orellana-Peralta, who was hiding in the fitting room with her mother. Orellana-Peralta was pronounced dead at the scene.

The California Department of Justice cleared Jones of any wrongdoing, ruling that he used reasonable force as he was responding to a report of an active shooter. The Attorney General's report stated that Jones' perception of shooting to stop an armed threat meant he couldn't be held criminally liable for the stray bullet that killed Orellana-Peralta. This ruling was based on a legal theory known as "transferred intent."

The shooting sparked widespread outrage and grief, with demands for criminal charges against Jones. The Orellana-Peralta family has filed a civil lawsuit against the city of Los Angeles, alleging failures in training and oversight contributed to the deadly outcome. While an internal LAPD review panel was split on whether Jones' decision to open fire was justified, then-Chief Michel Moore ruled in 2022 that the shots violated department policy.

The case highlights the debate around the use of deadly force by police officers. California has proposed a bill, AB 931, to change the restriction on the use of deadly force from when it is "reasonable" to when it is "necessary." This proposed change reflects the state's high rate of officer-involved shootings, with 162 people shot and killed by police in California in 2017, half of whom were unarmed.

The current standard, as set by the Supreme Court in Graham v. Connor, allows officers to use force when no "reasonably effective, safe, and feasible alternative" exists. The force used must be objectively reasonable and judged from the perspective of a reasonable officer on the scene, taking into account the tense, uncertain, and rapidly evolving nature of such situations.

The California Department of Justice's ruling in the Burlington Coat Factory shooting case illustrates the complexities of determining "reasonable force" and the ongoing discussions around police accountability and use-of-force policies.

The suspect was found to be carrying a bike lock, not a gun

In 2021, a Los Angeles police officer shot and killed a 14-year-old girl, Valentina Orellana-Peralta, through the wall of a changing room at a Burlington Coat Factory store in North Hollywood. The officer, William Jones, was responding to a report of a possible active shooter and claims he was told the suspect, 24-year-old Daniel Elena-Lopez, was threatening customers with a gun. However, it was later revealed that Elena-Lopez was carrying a bike lock, not a gun.

Body camera footage from the Los Angeles Police Department shows that Officer Jones rushed to the front of a group of officers advancing towards the store's home goods section, where he opened fire almost immediately upon encountering Elena-Lopez. One of the rounds fired by Jones "skipped off" a floor tile and sailed into the fitting room where Orellana-Peralta was hiding with her mother. She was pronounced dead at the scene.

While it was initially reported that Elena-Lopez was carrying a gun, multiple people, including store employees, called 911 to report a man striking customers with a bike lock. In fact, no firearm was recovered at the scene, only the bike lock. Prior to the shooting, surveillance video showed Elena-Lopez attacking two women in the store, including one who he dragged through the aisles by her feet as she tried to crawl away.

The shooting has drawn widespread outrage and grief, with demands for Officer Jones to be criminally charged. The Orellana-Peralta family has filed a civil lawsuit against the city of Los Angeles, alleging that failures in training and oversight contributed to the deadly outcome. Despite this, the California Department of Justice has cleared Officer Jones of wrongdoing, stating that he used reasonable force because he was responding to a report of an active shooter.

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