Attorneys of Delia McElfresh, the mother of former ER Actress Vanessa Marquez, filed a wrongful death claim against the City of South Pasadena, Deadline reports. Marquez was shot fatally by police in South Pasadena on August 30, 2018. She was 49-years-old.
According to police, officers were conducting a welfare check at Marquez’s home when she allegedly pulled out a “BB-type” replica gun, which caused an officer to respond by opening fire. Marquez was transported to local hospital where she was later pronounced dead.
At a press conference held later that day, Lt. Joe Mendoza of the L.A. Sheriff’s homicide bureau explained that officers were called to the scene by a landlord who reported that the woman was in some kind of trouble. Police said that there had been instances in the past where they had been called to her residence for help.
Deadline acquired legal documents that show McElfresh is being represented by the Law Offices of Vicki I. Sarmiento. The claim was filed by Sarmiento and Dale K. Galipo.
The claim alleges battery, negligence, unlawful entry, false arrest/imprisonment, wrongful death, negligent training, conspiracy, seizure of property, failure to summon prompt medical care, and violation of the Bane Act — which forbids acts of violence because of your race, color, religion, ancestry, national origin, age, disability, sex, sexual orientation, etc. The claim is typically filed prior to a lawsuit.
The attorneys referred to Marquez as “an accomplished Latina actor.”
Marquez’s other credits include Stand and Deliver, recurring roles on Malcolm and Eddie and Melrose Place, and as the Cuban ambassador’s secretary in the 1992 Seinfeld episode “The Cheever Letters.” Her last TV credit was the 2001 TV movie Fire & Ice.
She recurred as Nurse Wendy Goldman on early seasons of the hit medical drama, before leaving the show in 1997. She made headlines in 2017 by tweeting that fellow ER actor George Clooney was central in getting her blacklisted in Hollywood, due to her decision to speak up about harassment on the set of the show.
Clooney released a statement in response. “I had no idea Vanessa was blacklisted. I take her at her word. I was not a writer or a producer or a director on that show. I had nothing to do with casting. I was an actor and only an actor. If she was told I was involved in any decision about her career, then she was lied to. The fact that I couldn’t affect her career is only surpassed by the fact that I wouldn’t.”
— Deadline Hollywood (@DEADLINE) February 21, 2019