Case details

Family claimed deputies unnecessarily shot father

SUMMARY

$1300000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
burns, death, gunshot wound, multiple trauma, Taser
FACTS
On March 7, 2017, plaintiffs’ decedent Dennis Rogers, 41, was asked to leave a fitness club in Ladera Heights, where he was a member. Rogers complied, but he returned a few hours later while in the midst of a mental health crisis. He was ultimately shot and killed by one or more Los Angeles County deputies. Rogers’ adult son, Dennis Todd Rogers Jr., and two minor children sued deputies Ryan Imaizumi, Leonard Garcia, Bryan Bostic and Lee McCullogh; the deputies’ supervisor, Sheriff Jim McDonnell; and the deputies’ employer, Los Angeles County. The lawsuit alleged that the deputies’ actions constituted excessive force in violation of Dennis Rogers Sr.’s civil and constitutional rights. The lawsuit also alleged that McDonnell and the county were negligent in the training of the deputies, making them liable for the deputies’ actions. Dennis Rogers Sr.’s mother filed a separate, related lawsuit against some of the same defendants. However, the matters were not consolidated. Plaintiffs’ counsel contended that Rogers suffered bipolar disorder, which Rogers usually managed with medication, and that despite being in the midst of a mental health crisis, Rogers was not a threat to himself, the public or the deputies. Counsel also contended that the deputies were made aware of Rogers’ condition, but that instead of waiting for the police department’s specially trained mental-evaluation team, which was called to de-escalate the situation, the deputies, instead, decided to confront Rogers. Plaintiffs’ counsel claimed that the deputies attempted to shock Rogers with stun guns, even though Rogers was unarmed and made no offensive moves toward them, before the deputies ultimately fired multiple deadly rounds. Defense counsel contended that the fitness club’s managers first called the deputies because Rogers was acting erratic and that the deputies were called again when Rogers returned to the club. Counsel also contended that when the deputies responded to the scene and confronted Rogers in the parking lot, Rogers was screaming and behaving wildly. The deputies claimed that they unsuccessfully tried to subdue Rogers twice with a Taser and that one of the deputies opened fire when Rogers pulled metal, electric hair clippers out of his backpack and swung them by a cord while advancing., Rogers sustained Taser burns and a gunshot wounds. He ultimately died at the scene. However, plaintiffs’ counsel contended that Rogers did not immediately die, but “suffered in agony and pain for a significant amount of time prior to succumbing to his .” Rogers’ children sought recovery of wrongful-death damages for the loss of their father. They sought recovery for the loss of their father’s love, companionship, comfort, care, society and support, as well as recovery of funeral and burial expenses, and loss of financial support. They also sought recovery of damages for their father’s pain and suffering prior to his death, as well as sought recovery of punitive damages.
COURT
United States District Court, Central District, Los Angeles, CA

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