Relatives of a Boyle Heights man who died after being shot by Los Angeles police with a stun gun can take their wrongful death lawsuit against the city to trial, a judge ruled in court papers obtained Thursday.

The lawsuit stems from the Sept. 4, 2006, death of 32-year-old Jesus Mejia. Mejia's wife, two children and mother sued the city and Police Chief William Bratton Oct. 9 alleging Mejia was shocked at least twice with a stun gun, despite being in handcuffs and restrained against a wall.

According to police, officers assigned to the Hollenbeck Station went to Mejia's home in the 3300 block of Whittier Boulevard about 1 a.m. on Sept. 4, 2006, on reports of a disturbance. Arriving officers found Mejia in a what police described as an agitated, combative state. Judging from the man's excessive perspiration, glazed eyes and seemingly heightened physical strength, officers deduced that Mejia was under the influence of drugs, police said.

When Mejia refused to follow orders from the officers, Officer Victor Arellano fired a stun gun at Mejia as fellow officers subdued him with their body weight, police said. Once in the police car, Mejia developed difficulty breathing, police said. Los Angeles Fire Department paramedics took him to County-USC Medical Center, where he was declared dead.

Los Angeles Superior Court Judge Charles C. Lee heard arguments on the city's dismissal motions on Tuesday and ruled against the city yesterday. However, he threw out allegations of negligent hiring, training and retention against the city and Bratton, as well as separate wrongful death and negligence claims against Bratton. [MORE]