Case details
Lawsuit: Deputy fired shots while fleeing man was on the ground
SUMMARY
$1025000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
death, gunshot wound
FACTS
On Aug.16, 2017, plaintiffs’ decedent Kenneth Lewis Jr., 34, was standing near a vehicle parked in the wrong direction on Slater Street, south of Imperial Highway, in an unincorporated area of Los Angeles. Two uniformed deputy sheriffs approached him in a marked patrol vehicle. The deputies were about to conduct a traffic-violation investigation when Lewis fled the area while clutching what appeared to be a firearm. Lewis ran into the Nickerson Gardens apartment complex while being followed by one of the deputies. Once inside, Lewis fell. When he got up and turned toward the pursuing deputy, Lewis was allegedly seen pointing a handgun at the officer. The deputy shot Lewis, causing Lewis to fall back onto the ground and roll over. Lewis was shot at again when he was allegedly seen reaching for his gun. Lewis was taken from the scene and brought to a hospital, where he died. Lewis’ minor son, by and through his guardian ad litem, Nijae McGhee, and acting individually and on behalf of Kenneth Lewis’ estate, and Lewis’ parents, Kenneth Lewis Sr. and Belinda Miller, sued the deputy sheriffs’ employer, Los Angeles County. The lawsuit alleged that the deputy sheriffs violated Kenneth Lewis Sr.’s civil and constitutional rights to be free from excessive force and unlawful arrest and that the county was negligent in the training of the deputy sheriffs. Plaintiffs’ counsel contended that the pursuing deputy sheriff unnecessarily shot at Lewis while Lewis was on the ground and then shot Lewis a second time after he fell back to the ground after being shot. Defense counsel contended that when Lewis turned around, he was holding a handgun and pointed it at one of the deputy sheriffs. Counsel asserted that as a result, the deputy sheriff feared of his life and shot at Lewis. Counsel also asserted that when Lewis rolled over on the ground after being shot, the deputy sheriff believed that Lewis was trying to aim his shotgun at the deputy sheriff again., Lewis suffered two gunshot wounds. He was taken to St. Francis Medical Center, in Lynwood, where he underwent emergency surgery. Lewis died from his during the surgery. He was 34 years old, and was survived by his parents and his minor son. The estate sought recovery of wrongful death damages.
COURT
United States District Court, Central District, Los Angeles, CA
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