Case details

Unprovoked police used Taser on dad on Father’s Day: family

SUMMARY

$225000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On June 20, 2010, at approximately 9:30 p.m., plaintiff Mitchel Mayhew, a man in his 50s, was using his swimming pool with some guests when Arcadia Police Department Officers Mike Castro, Jeff Stark and Caesar Torres arrived at his private home in Arcadia in response to a noise complaint for loud music. The officers claimed they heard the music from the street and that it seemed to be coming from the backyard of Mayhew’s home. As a result, the officers flashed their flashlights into the side yard, and Mayhew invited them onto the property. The officers then discussed the noise level with Mayhew and asked him to retrieve his identification. However, after not being able to find his identification, Mayhew asked the officers to leave his property, but that Castro ultimately shocked Mayhew with a Taser for a one, standard, five-second activation. Mayhew was then taken to a hospital and admitted to the Intensive Care Unit, where he was treated for an arrhythmia. Mayhew; his wife, Lisa Mayhew; and their children, Emily Mayhew, Rachel Mayhew and Regina Mayhew, sued the officers, Castro, Stark and Torres; their employer, the city of Arcadia; and the officers’ supervisor who later responded to the scene, Steve Castillo. The Mayhews alleged the defendants’ actions constituted false arrest, false imprisonment, assault and intentional infliction of emotional distress in violation of the Tom Bane Civil Rights Act. Mr. Mayhew claimed that when he couldn’t find his identification, he asked the officers to leave, as it was earlier than 10 p.m., but that they refused. He further claimed that during the encounter, the officers asked him to sit on the ground and that while he was in the process of complying with their orders, Castro deployed his Taser and shocked him. The plaintiffs’ police practices expert testified that the officers should have then left the Mayhews property when Mr. Mayhew asked them to, since the officers’ permission to enter the Mayhews’ property was withdrawn. The expert also opined that the Taser use was unprovoked and constituted excessive force. Defense counsel contended that the officers were rightfully on the property responding to a noise complaint and acted properly, never using excessive force. Castro, Stark and Torres claimed that Mr. Mayhew was acting aggressive during their encounter and that the situation escalated due to his behavior. Thus, Castro testified that the force used was reasonable under the circumstances, in that he deployed his Taser because he believed Mr. Mayhew was in the process of attacking Stark., Mr. Mayhew was shocked with a Taser and suffered suffered an arrhythmia. He was subsequently taken by ambulance to an emergency room and then transferred to the hospital’s Intensive Care Unit, where he remained hospitalized for a few days. Mr. Mayhew then followed up with a cardiologist for check-ups. Mr. Mayhew and his family claimed the incident caused them all severe emotional distress, since it occurred on Father’s Day while they were peacefully trying to enjoy themselves in the family pool. Mr. Mayhew’s wife and daughters claimed that officers’ actions constituted intentional infliction of emotional distress, since the officers made them witness the assault of Mr. Mayhew. Mr. Mayhew claimed roughly $11,000 in medical costs and sought additional recovery of damages for his pain and suffering. His wife and children also sought recovery of damages for their emotional distress.
COURT
Superior Court of Los Angeles County, Burbank, CA

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