Case details

Teenager claimed officer shot him despite dropping toy gun

SUMMARY

$1127600

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On May 10, 2009, plaintiff William Fetters, 15, a high school student, was playing a game of “cops and robbers” with his friends on bicycles in Palmdale. He was holding a realistic-looking toy gun as Los Angeles Police Department Deputies Andrew Campbell and Scott Sorrow approached. Subsequently, the deputies told William to stop and drop the gun. However, William was ultimately shot by Sorrow. Kim Harding, acting as William’s guardian ad litem, sued Campbell, Sorrow, and the officers’ employers, the county of Los Angeles and the Los Angeles County Sheriff’s Department. She alleged that the deputies used excessive force, and that the county and sheriff’s department were liable for the deputies’ actions. Campbell was ultimately dismissed from the case on summary judgment. William claimed that he both stopped and dropped his toy gun after the deputies told him to, but that Sorrow then shot him. Sorrow claimed that after William stopped, he turned and pointed the very realistic-looking gun at him and his partner, causing them to fear for their lives. He alleged that as a result, he fired one shot at William. Defense counsel contended that William’s gun did not have an orange tip on it, as toy guns usually do, and that although William was a teenager, he looked much older., William was shot once, causing the bullet to go through the left flank of his body and lodge in his back, near his spine. He was subsequently taken to a hospital and had the bullet, which was lodged near the skin on his back, removed. He was a bandage was then placed over his gunshot wound. William’s admitted medical bills totaled $2,760. He also sought recovery of further damages for his emotional distress and pain and suffering. Defense counsel contended that William’s were minimal and that the teenager was filmed on television walking around approximately two days after the subject shooting. Counsel also contended that William returned to school within a couple of weeks. The defense’s expert psychologist testified that William did not suffer any post-traumatic stress from the shooting.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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