Case details
Family claimed deputy did not issue order before shooting
SUMMARY
$9900000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
back, emotional distress, fracture, mental, psychological
FACTS
In January 2018, plaintiff Samuel Kolb, 48, a software engineer who had a history of temporal lobe epilepsy, experienced a mental episode while with his family at a cabin in Lake Tahoe. His son, a 16-year-old student, telephoned 9-1-1. When Deputy Curtis Honeycutt responded to the scene, Kolb grabbed a carving fork inside the cabin. Honeycutt shot Kolb twice. Kolb was charged with assault with a deadly weapon and felony child endangerment. He later pleaded guilty to brandishing a deadly weapon other than a firearm as part of a plea deal for no jail time. Kolb and his 16-year-old son sued Honeycutt and Honeycutt’s employer, Placer County. The lawsuit alleged that Honeycutt violated Kolb’s civil and constitutional rights to be free from excessive force. Plaintiffs’ counsel contended that Honeycutt failed to issue any orders to drop the carving fork before he shot at Kolb. Honeycutt claimed he was in fear of his life when he believed Kolb was advancing toward him with a weapon., Kolb sustained two gunshot wounds, one of which struck his left side and one of which struck his back, near his left scapula. He was taken to a hospital, where it was determined that the bullet that struck his back caused a fracture at T11. Kolb was rendered paralyzed from the waist down. He now requires the use of a wheelchair and a colostomy bag. Kolb sought recovery of past and future medical costs, and damages for his past and future pain and suffering. Kolb’s son claimed that he suffers from emotional distress as a result of witnessing the events, including the shooting of his father.
COURT
United States District Court, Eastern District, Sacramento, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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