Case details

Officers’ excessive force caused man’s death: estate

SUMMARY

$3000000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
death
FACTS
On Jan. 1, 2018, plaintiff’s decedent Deutry Ross, 34, was approached by police officers near a store at the Del Amo Fashion Center, in Torrance. A manager at the store had called 9-1-1 to report Ross, who was entering and exiting the store while holding a knife. After arriving at the scene, the officers brought Ross to the ground. A scuffle with three officers ensued. Ross was ultimately handcuffed, but during the incident, another officer shot a Taser at Ross two times. All the officers eventually placed Ross’ arms, which were still handcuffed, and legs in a hobble restraint, which is a total body restraint apparatus. There was a dispute as to whether Ross was left on his chest and turned over when the Torrance Fire Department arrived, or whether Ross was already on his back when the firefighters arrived. The firefighters asked for Ross to be released from the restraints. Ross then went into cardiac arrest and had to be transported to a hospital, where he died. Ross’ mother, Charmane Henderson, acting individually and as her son’s successor-in-interest, sued the responding police officers, Brian McGee, Josh Burden, Joseph Craft, Daniel Vazquez, Lance Nelson, and Christopher Tomsic; and the officers’ employer, the city of Torrance. Henderson alleged that Ross’ rights to be free from excessive force were violated by the officers and that the city was vicariously liable for the officers’ actions. She also alleged that the officers were negligent for denying Ross medical care. Plaintiffs’ counsel contended that, when confronted by multiple officers, Ross questioned the nature of the encounter and began to back away and that the officers then violently tackled Ross to the ground. Counsel also contended that Ross did not pose a threat to anyone while he was on the ground and handcuffed, but that McGee, without just cause or provocation, needlessly shot Ross twice with a stun gun. Plaintiffs’ counsel further contended that Ross immediately began to complain that he could not breathe, but rather than get Ross medical attention, the officers physically and improperly restrained Ross’s arms and legs in a hobble restrain. Counsel contended that the officers then ignored Ross’ pleas for help and, instead, left Ross in a prone position, cutting off his air supply and causing him to slowly and painfully die. Plaintiffs’ counsel asserted that the officers used excessive force in their actions of taking Ross to the ground, handcuffing Ross, using the Taser twice, using the hobble restraint on Ross, and leaving Ross in a prone position while ignoring Ross’ claims of not being able to breathe. Defense counsel contended that Ross was brought to ground after not following the officers’ commands and that Ross resisted the attempts to handcuff him. Counsel also contended that, once on the ground, Ross tried to take Tomsic’s duty weapon, causing Tomsic to shout, "He’s got my gun!" Defense counsel contended that Ross was combative throughout the encounter, despite being taken to the ground and being restrained by the officers, and that McGee drew his duty weapon during the scuffle, but then only deployed his Taser once McGee saw that Tomsic had control of his duty weapon. Counsel asserted that McGee shot the Taser twice because it appeared that the Taser did not engage, as it allegedly had no effect on Ross. Defense counsel contended that Ross’ arms and legs were then appropriately placed in a hobble restraint, as Ross remained comparative, and then Ross was left on his back until the firefighters arrived. Defense counsel asserted that the officers’ use of force was objectively reasonable and that the officers were entitled to qualified immunity. Counsel also denied that Ross was denied medical care, and contended that medical care was promptly summoned. Defense counsel further asserted that the officers did not act with a purpose to harm unrelated to legitimate law enforcement objectives., Ross was taken by ambulance to Providence Little Company of Mary Medical Center Torrance, where he was pronounced dead. His estate claimed that Ross suffocated as result of the officers’ actions. Ross’ mother sought recovery for wrongful death damages for the loss of her son.
COURT
United States District Court, Central District, Los Angeles, CA

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