Case details
Family: Officer struck man with flashlight before shooting
SUMMARY
$5700000
Amount
Mediated Settlement
Result type
Not present
Ruling
KEYWORDS
death, gunshot wound
FACTS
On Feb. 13, 2018, plaintiffs’ decedent Ronell Foster, 33, was bicycling when police officer Ryan McMahon attempted to stop him at the intersection of Marin and Florida streets, in Vallejo, for allegedly riding the bicycle in an unsafe manner. Foster allegedly attempted to flee, and McMahon drove after him. Foster crashed his bicycle and ran away as McMahon pursued him on foot. When he caught up to Foster, McMahon used his flashlight to strike Foster multiple times, including on the head, and he deployed his Taser. Ultimately, McMahon pulled out his gun and fired at Foster, striking him in the back and back of the head. Foster died at the scene. Foster’s parents, Paula McGowan and Ronell Foster Sr., and the younger Foster’s two minor children (the daughter acting by and through her guardian ad litem, Shasta Skinner, and the son acting by and through his guardian ad litem, Shena Batten, and both acting individually and as their father’s successor in interest) sued McMahon and McMahon’s employer, the city of Vallejo. The estate alleged that McMahon’s actions constituted a violation of Foster’s civil and constitutional rights to be free from excessive force and that the city was liable for McMahon’s actions. Plaintiffs’ counsel contended that McMahon pursued Foster without advising dispatch of the pursuit or requesting backup officers. Counsel also contended that McMahon pushed Foster down stairs in a dark alley and shocked him with a Taser before striking Foster several times on the head with his flashlight. Plaintiffs’ counsel asserted that when Foster raised his hand to block McMahon from hitting him with the flashlight again, McMahon let go of the flashlight and pulled out his gun. Counsel asserted that Foster grabbed the dropped flashlight and started running away when McMahon shot him in the back, side, and back of the head. McMahon claimed that he attempted to pull Foster over for riding a bicycle in and out of lanes of traffic, causing a danger to himself and the cars passing nearby, but that Foster attempted to flee. He also claimed that Foster continued to resist arrest and that during the altercation, Foster took away his flashlight and used it in a threatening manner, justifying the shooting., Foster sustained gunshot wounds to his back, side and back of the head. He died at the scene. He was survived by his mother, Paula McGowan; his father, Ronell Foster Sr., his minor daughter and his minor son. The estate sought recovery of wrongful death damages.
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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