The family of Rudy Martinez has filed a formal claim against the City of Anaheim and the Anaheim Police Department, accusing officers of using excessive force when the 36-year-old was shot and killed near an elementary school last fall. Martinez was shot on September 15, 2025, outside John Marshall Elementary School, and his attorneys say dashcam and body-worn camera footage shows a man in the middle of a mental-health crisis who was not met with de-escalation or less-lethal tactics. Filed in late February 2026, the claim seeks financial compensation and pushes for changes to how Anaheim handles people in crisis. Family attorneys say the filing is a required step before a civil-rights lawsuit.
Family Files Claim, Demands Justice
Attorneys for Martinez’s relatives submitted the claim this week, arguing the officer involved should have relied on nonlethal tools or de-escalation strategies instead of firing live rounds, according to CBS Los Angeles. “No mother should have to bury her son at 36,” family lawyer Jamal Tooson said at a press conference, the station reported. The claim contends Martinez was experiencing a mental-health crisis and that a crisis-response team or options like pepper spray, a Taser, or rubber projectiles could have been used to keep him alive. The family’s legal team says they will seek damages and policy reforms if the city does not respond with meaningful action.
Police Account and Released Footage
Anaheim police say the shooting unfolded on Sept. 15, 2025, after officers responded to reports of a suspicious man carrying a shovel near John Marshall Elementary School, and they later released dash and body-worn camera video of the encounter, according to ABC7. In that footage, Martinez is seen holding a broken shovel, striking a patrol SUV, and then moving toward the officer before shots are fired, ABC7 reports. Paramedics provided aid at the scene and transported Martinez to a hospital, where he was later pronounced dead.
City Defends Officer and Shares Video
The City of Anaheim and the Anaheim Police Department have defended the officer’s actions, saying the situation escalated quickly, posed an immediate threat, and that the officer rendered aid after the shooting, according to FOX 11 Los Angeles. The outlet reports that the department released the video to show the moments leading up to the gunfire and that a shovel was recovered at the scene. Officials say they are cooperating with investigators while the incident is reviewed.
Legal Next Steps and Timing
In California, anyone alleging death or personal injury by a public agency generally has to act fast: claims typically must be filed within six months of the incident, a deadline set out in California Government Code § 911.2. Because the shooting occurred on Sept. 15, the family’s late-February filing falls within that statutory window, the attorneys say. The Orange County District Attorney’s Office is reviewing the officer-involved shooting while the family’s claim moves forward, according to CBS Los Angeles.
Background
Hoodline previously covered the Sept. 15 shooting when police released video and nearby schools briefly went into lockdown, summarizing the Anaheim Police Department’s account and noting the launch of an independent review. The new claim is the first major legal step since that earlier coverage; for more context, see our prior report on the Earlier Brick‑Wielding Shooting.
