Case details

Officers: No out of the ordinary force used on erratic man

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
brain, brain damage
FACTS
On Aug. 8, 2008, plaintiff’s decedent Lawrence Rosenthal, 54, was approached by Riverside County Deputy Sheriff Christopher Cazarez in a church parking lot in Hemet. The Sheriff’s Department had received an emergency call from the church that Rosenthal was acting erratic in the parking lot, yelling that he was on fire while running through the sprinkler system. After responding to the scene, Cazarez called for backup to help detain Rosenthal. Riverside County Sheriffs Marek Janecka and Raymond Dietrich responded to the scene and assisted Cazarez in detaining Rosenthal. During the encounter, Cazarez shocked Rosenthal with a Taser and then Janecka handcuffed Rosenthal while he faced the ground. Rosenthal ultimately went into cardiac arrest and was taken by ambulance to an emergency room, where he was pronounced brain dead. Five days later, Rosenthal was taken off of life support. The decedent’s mother, Lois Green, sued the operator of the sheriff’s department, the county of Riverside, as well as Sheriffs Cazarez, Janecka and Dietrich. Green alleged that the defendants’ actions constituted excessive force and negligence in violation of the 14th Amendment, causing her son’s wrongful death. Plaintiff’s counsel argued that Cazarez, Janecka and Dietrich used excessive force in their detainment of the decedent, and that the county was liable for their actions. Specifically, counsel contended that Janecka put too much weight on the decedent’s back while handcuffing, causing the decedent to asphyxiate in the process. Counsel also contended that the Taser should not have been used. Thus, plaintiff’s counsel argued that the force used caused the decedent to stop breathing and immediately go into cardiac arrest, ultimately resulting in his brain damage and death. Defense counsel argued that no negligence or excessive force occurred in the detainment of the decedent. Counsel contended that all force used was appropriate, and that the weight applied during the handcuffing was minimal and for a brief period of time. Counsel further contended that there was nothing out of the ordinary in the force used to detain the decedent, who the officers claimed was acting erratic and failed to comply with officer demands. In addition, defense counsel argued that the decedent did not immediately go into cardiac arrest after being handcuffed, but that he did so when the emergency medical technician arrived. Counsel further contended that the decedent went into cardiac arrest and ultimately died due to the cocaine he ingested, his enlarged heart and 95 percent occlusion of his coronary artery, combined with his physical exertion., Rosenthal went into cardiac arrest and was taken by ambulance to an emergency room, where he was pronounced brain dead. Five days later, he was taken off of life support and died. The decedent’s mother, Green, sought recovery of $2 million in non-economic wrongful death damages for the loss of her son’s love, care, comfort and society. Defense counsel argued that there was no wrongful death and that Green was owed zero damages.
COURT
Superior Court of Riverside County, Temecula, CA

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