San José to pay record settlement of $12 million to man exonerated in 2002 gang shooting

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San José to pay record settlement of $12 million to man exonerated in 2002 gang shooting
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Lionel Rubalcava, exonerated and freed after serving 17 years in prison, has settled a federal lawsuit against the city for a record $12 million.

San José will pay $12 million to a man who was imprisoned for 17 years for a drive-by shooting he did not commit, the largest settlement paid by the city in a police misconduct case. The settlement, approved Tuesday by the City Council, came after a federal judge rejected the city's arguments to dismiss a federal lawsuit filed by Lionel Rubalcava, who was convicted of a 2002 gang shooting.

' After his release from Pleasant Valley State Prison, Rubalcava sued the city, arguing that his civil and due-process rights were violated by detectives after they ignored evidence pointing to his innocence. 'We are supposed to be able to trust police officers for our protection and safety,' Rubalcava said in a statement. 'In my case, the San José Police Department singled me out and framed me for a crime I didn't commit.

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