Showing posts with label lawsuit. Show all posts
Showing posts with label lawsuit. Show all posts

October 23, 2014

Family of Daniel McConnell Win $2.25 Million Settlement in Taser-Torture Case

Daniel McConnell
I suspect that taser-related deaths should begin to fall if we keep having these large lawsuit settlements that go against law officials. The latest to pay the price for taser-happy police officers is Suffolk County (New York). County officials agreed to pay a $2.25 million settlement to the family of Daniel McDonnell. [SOURCE]

Mr. McConnell, 40, suffered with bipolar disorder and a heart condition when he as placed in police custody on May 5, 2011. He was arrested for violating an order of protection against a neighbor. The penalty for violating court order should not be death. However, the Suffolk County officers decided to play judge, jury and executioner. McConnell's mother came to the station to bring him his medication. The police refused to accept the medication ... and McConnell's mental condition deteriorated in the 18 hours that he was in police custody.

For some reason, the police thought that he would act better without the medication. Instead they came to his holding cell and repeatedly electrocuted him with their taser guns while beating him.

Two detectives decided to lie. They informed McDonnell’s family that he died of a heart attack. His death was later ruled a homicide. The state Commission on Correction concluded that McDonnell's death was preventable and criticized the medical examiner and the Suffolk County district attorney's office for failing to properly investigate his death.

A lawsuit brought by McDonnell's wife and young son was settled last spring on the second day of a civil trial in Brooklyn Federal Court. The settlement was approved by the Suffolk County Legislature and by U.S. District Judge William Kuntz in an order issued today.

A young man will never return to his family. The county will have to pay $2.25 million in the settlement. I wonder if the police officers who killed him will be fired?

October 15, 2014

Jurors Award $4.65 Million in Taser-Torture Death of Marvin Booker

A federal jury found five Denver sheriff's deputies used excessive force against a homeless street preacher who died in the city's downtown jail and awarded his family a record $4.65 million in damages, a verdict an attorney said should send a message to law enforcement everywhere. [SOURCE]



Marvin Booker died in 2010 after deputies shocked him with a Taser while he was handcuffed, put him in a sleeper hold and lay on top of him, apparently in an effort to control him. The raw video of his killing is available online.

Inmates told investigators that the struggle began when he was ordered to sit down in the jail's booking area but instead moved to collect his shoes, which he had taken off for comfort. His family's attorneys said that was a zealous overreaction to the 56-year-old, who was frail and suffered a heart condition. The city had argued the deputies' actions were in line with the department's policies for subduing a combative inmate.
"He didn't deserve what these five sheriffs did to him that night," his brother, Spencer Booker, said, fighting tears after the verdict. "The jury spoke very, very, very clearly that they used excessive force against my brother. Your actions call for consequences."
Booker's family filed the federal lawsuit against the city and county of Denver as well as deputies Faun Gomez, James Grimes, Kyle Sharp and Kenneth Robinette and Sgt. Carrie Rodriguez. In a rare move on the eve of the trial, the city accepted liability for the actions of the deputies, meaning it is responsible for damages.

City Attorney Scott Martinez said the city was disappointed, but thanked the jurors for their work.
"The city remains committed to its ongoing efforts to improve the Denver Sheriff's Department," Martinez said in a statement.
I suspect that it will take more of these civil lawsuits before police departments around the nation change their taser-happy behavior. At least, we can be sure that police officers in the city of Denver will think twice before they engage in these taser-torture actions again! In fact, it seems that the police officers involved in the death of Mr. Booker should be prosecuted and fired from their jobs. They are definitely *not* public servants!

September 26, 2014

Greenville Pays $500,000 to Settle With Family of Andrew Torres in Taser-Torture Lawsuit

Andrew Torres
Andrew Torres, 39, was an unarmed and mentally-ill man who needed help. Instead he was the victim of prejudicial electrocution by Greenville (SC) police officers. The city of Greenville paid $500,000 to settle a lawsuit filed by the Torres family to make it go away.

The lawsuit was filed in June 2012 alleging the police violated Torres' civil rights.

Torres, a Greenville High School and University of South Carolina-Spartanburg graduate, had been diagnosed as schizophrenic and had suffered from mental illness beginning at the age of 21.

In August 2010, Torres' mental state had eroded to the point where his family asked police to enforce a court order allowing Torres to be involuntarily committed to a mental hospital.

The family asked that plainclothes officers with training in dealing with the mentally ill be dispatched. Instead the officers used excessive force in electrocuting Torres with multiple Taser shots over an extended time. The officers pushed him onto the bedroom floor face down and handcuffed him. After a series of struggles, Torres went limp and his face and fingers began turning blue.

The family alleges that officers continued to hold him down after he had stopped resisting and made no efforts to resuscitate him before EMS arrived.  Emergency workers determined that Torres was in cardiac arrest and transported him to a hospital where he was pronounced dead a short time later.

Read more.

September 1, 2014

Taser Lawsuit: Gregory Towns (East Point, GA)

Gregory Towns
It is nice to see that the family of Gregory Towns is suing the police department and its officers who killed him on April 11, 2014 when they fired at him 13 times with their taser guns while he was in handcuff.

The wrongful death lawsuit seeks damages from the East Point police department and two former police officers - Marcus Eberhart and Howard Weems.

Perhaps the best way to change the hearts and minds of the police who seem to use their taser guns at the slightest whim is to win some more of these lawsuits.

August 29, 2014

Taser-Happy Cop Found Guilty of Excessive Force in the Electrocution of La'Reko Williams

Perhaps if taser-happy police officers have to pay for their impatience and arrogance when they electrocute people to death with their taser guns ... we will have less taser-related deaths! I'm fairly certain that Charlotte-Mecklenburg Police Department (CMPD) officer Michael Forbes will think twice before he uses his taser with such wanton disregard as a result of a federal jury ruling this week!

A federal jury ruled that CMPD Officer Forbes used excessive force when he fired a taser on 21-year old La'Reko Williams a second time, causing his death in 2011.   The jury also awarded the victim's family $500,000, but no award for punitive damages.  [SOURCE]

La'Reko Williams
On July 20, 2011, CMPD officer Michael Forbes was responding to a domestic violence call. When he arrived, 21-year-old La-Reko Williams was walking away from a fight with his girlfriend.   Officer Forbes ordered Williams to stop, but he didn't obey.  So Officer Forbes ended up firing 50,000 volts of electricity with his taser into the chest of Mr. Williams.   Williams fell to the ground, but Forbes then tased him a second time because he didn't listen when he asked him to roll over on his stomach. Williams then died from a heart attack.

The big question in this case was whether the second time Officer Forbes used his taser on Williams was excessive force.

David Ventura, one of the lawyers representing the family, says the jury's decision sends a strong message.
"Tasers have to be used reasonably like any other use of force," Ventura says. "Reasonably meaning based on the circumstances of what is happening at the time, whether it's a taser or any other type of weapon that they have available to them."
In a statement, city attorney Bob Hagemann says the city believes Officer Forbes acted reasonably in a very difficult situation, but respects the jury's decision.   Someone needs to remind Hagemann that the first step to recovery is to admit you have a problem.   The jury didn't think Forbes "acted reasonably".  Otherwise they wouldn't have ruled against him!

August 22, 2014

Taser Lawsuit: La'Reko Williams vs. Officer Michael Forbes (NC)

Charlotte-Mecklenburg Police Officer Michael Forbes took the stand this week in the civil case surrounding a 2011 death. The wheels of justice move slowly ... but, the parents of the La'Reko Williams, 21, have not given up. They are suing Forbes for wrongful death and say he used excessive force when he shot Williams with a Taser two times in 2011. Williams later died of a heart attack.  [SOURCE]

Officer Forbes was cleared by the department of any wrongdoing and is still on patrol. But Williams' family said the actions of Forbes are the reason Williams died.

The attorneys suing Officer Forbes, on behalf of Williams' parents, showed autopsy photos of Williams. They also played the video dash cam recording, which included audio. Attorneys said Forbes tased Williams within 15 seconds of arriving on-scene.

The audio cuts out right before Forbes used his Taser the second time. Was the second shot from Officer Michael Forbes’ weapon necessary?

Opening statements to the five-woman, three-man jury on Wednesday were brief, but direct. Attorneys for the prosecution said Williams was not a threat when he was approached by the officer in July of 2011. They say he didn't try to punch, bite or run from Officer Forbes, and only asked why he was detained.

July 5, 2014

Taser Lawsuit: Doug Boucher (Mason, OH)

The Indiana family of an unarmed, mentally ill Ohio man who died after police tortured him seven times with a Taser stun gun has settled its wrongful-death lawsuit in the case. The city of Mason, Ohio and two police officers settled lawsuit for $375,000.

39-year-old Doug Boucher died in December 2009 after a confrontation with two officers outside a Mason convenience store. Mason police said at the time that Boucher had died after being tortured by taser gun.

No wonder.

Boucher had been stunned seven times, and he was immobile and face-down on the ground for five of them.

I don't track taser deaths as much as I once did ... but, this killing happened in my hometown. I'm very sorry for the loss experienced by the Boucher family.

March 24, 2013

Lawsuit Settlement in the Taser-Killing of Edmund Gutierrez

Edmund "Bubba" Gutierrez was an unarmed 22-year old man killed by the excessive taser use of Imperial (CA) police officers on July 5, 2010. His death was ruled a homicide ... but, no criminal charges were brought against Imperial police Officer Eric Granado and now-retired Officer Joe Garibaldi. These were two taser-happy officers that made a traffic stop on Gutierrez ... a stop from which young Edmund didn't survive.

This blog is happy to note that the Gutierrez family was able to get justice in civil court. The family and the city of Imperial settled on a payment of $600,000 recently. Edmund Gutierrez Sr., Bubba’s father, and his wife, Lydia made the following statement:
“As parents, we never imagined that the life of our beloved son, Bubba, would be taken by those sworn to protect him. The sole purpose of the initiation of this lawsuit for his wrongful death and the resolution of our claims for his wrongful death was to demonstrate to those police officers who were the instruments of his death, and to a city government complicit in that death, the full measure of the consequences for the refusal to recognize, acknowledge and address the issue of abuse of power and authority by some members of the city of Imperial law enforcement community.

“We pray that the affirmation of the city’s blame and its substantial cost will encourage the residents and the officials of the city of Imperial to more closely and critically examine the conduct of those empowered by them to enforce the law
,” the statement continued.
All communities need to take a close look at their taser policies so that fewer unarmed young men are killed.

January 2, 2013

Taser Lawsuit: Douglas Boucher vs. City of Mason (Ohio)


Mason (OH) police officers Daniel Fry and Sean McCormick are being sued by the family of the 39-year old man they killed in December 2009. The family's lawsuit claims the officers tased their son, Douglas Boucher a total of six times in less than a minute and hit him and kicked him after he was down. Boucher was in a gas station market acting like a jerk with the female cashier. Being a jerk isn't usually punishable by death.

The City of Mason disagrees. They filed a motion to have the family's lawsuit ... currently scheduled for February 19, 2013 ... dismissed.

This blog is more than a little interested in this particular lawsuit and taser-related killing ... the gas station where it all took place is less than a mile from my local public library!

December 29, 2012

Taser Settlement: Brian Cardell (Utah)

The tragedy that began with the unwarranted taser-killing of Brian Cardell in June 2009 has come to an end from a legal perspective. The family of Brian Cardall has settled its wrongful death lawsuit against the officer, police chief and the city.

Documents filed in U.S. District Court state only that the parties entered into a “mutual general settlement agreement and release of all claims,” without disclosing terms of the settlement.

Read the full story.

December 21, 2012

Taser Lawsuit: La'Reko Williams (Charlotte NC)

Charlotte-Mecklenberg Police Department (CMPD) doesn't have much luck when it comes to taser lawsuits. They were on the losing side of a $10 million lawsuit in the case of 17-year old Darryl Turner, who died in 2008 after a CMPD officer electrocuted him with extensive use of a taser.

Fast forward to July 2011. Again a CMPD police officer got a little overzealous in their efforts to apprehend 21-year old La'Reko Williams. The officer, Michael Forbes, used excessive, deadly force by electrocuting Williams twice with his taser gun.

Williams died.

His parents filed a lawsuit in federal court earlier this week against the city of Charlotte, police and Taser International. The lawsuit calls Tasers potentially deadly weapons and says that CMPD officers should only use them when a confrontation calls for deadly force.

The lawsuit says Williams, who stood about 5 feet, 6 inches and weighed about 145 pounds, was unarmed and presented no threat to the officer. Williams was shocked twice in the chest, suffered cardiac arrest and died within minutes.

After Williams died, police suspended their use of Tasers for six months as they investigated the safety of the weapons. In September 2011, the City Council approved $1.83 million to buy new Tasers.

The new Tasers, which police use today, still shoot out 50,000 volts of electricity to incapacitate suspects, but have features designed to prevent officers from injuring or killing suspects. Most importantly, they automatically cut off after five seconds, even if the officer continues pulling the trigger. Police determined that people who were shocked have died when an officer held down the Taser trigger for too long, and said the new Tasers are safer.

This lawsuit may have ramifications beyond the city limits of Charlotte.

December 4, 2012

Taser Lawsuit: Family of Robert Neill Wins $900,000 from Mount Joy (PA) City Council

I told y'all that the Mount Joy Borough Police screwed up big-time when they tasered 61-year old Robert Neill back on November 6, 2010. It appears that the Mount Joy Borough Council agreed with me. They approved a $900,000 settlement to the Neill family. [SOURCE]

Neill was tased 15 times by former police Officer Tyson Woods. The pre-judicial electrocution lasted two seconds to 28 seconds - 119 seconds total - during a 10-minute span.

The lawsuit claimed police used excessive force and failed to use or enforce appropriate-use-of-force policies. There was no alcohol or illicit drugs in Neill's system, according to a toxicology screening.

Mount Joy Mayor Mary Ginder notified Woods on April 2, 2012, that he was being fired for violating the police department's use-of-force policy.

A few more $1 million pay-outs should change things when it comes to taser deaths in America, huh?

September 4, 2012

Good News Tuesday: Judge Bernette Johnson (Louisiana Supreme Court)

It is 2012. I didn't think that there were still opportunities for us to share news about someone being the 'first African American' to do something in history. But, I guess that there are still a number of barriers that need to be broken.

I'm proud to see that we no longer have to wait on an African American becoming the chief justice of the Louisiana Supreme Court! Justice Bernette Johnson received legal clearance to become the next Chief Justice of the Louisiana Supreme Court. The New Orleans-based judge would also become the first African American chief justice in Louisiana.

It is a shame that she had to go to court to clear the way for her to assume her place in history. But, I guess sometimes you have to break some eggs to make an omelet!

Justice Bernette Johnson was elected to serve on the Louisiana Supreme Court in 1994, and was re-elected, without opposition, in 2000. She serves on the Louisiana Supreme Court’s Judicial Council, and has served on the Court’s Legal Services Task Force, as well as the National Campaign on Best Practices in the area of Racial and Ethnic Fairness in the Courts. Justice Johnson has worked closely with the Court’s Mandatory Continuing Legal Education Committee and the Committee on Bar Admissions.

Johnson served in a number of positions of increasing responsibility within New Orleans city government and the private industry before her time on the Supreme Court. She received her undergraduate degree from Spelman College. She received an Honorary Doctorate in Law from Spelman College at commencement services in April, 2001. She was one of the first African American women to attend the Law School at Louisiana State University (LSU), where she received her Juris Doctorate degree in 1969. She was honored by her law school in 1996, when she was inducted into the LSU Law Center’s Hall of Fame.

Hey Louisiana ... Here Comes da Judge ... and she's a sista!


This blog will continue to seek out Good News stories about people of African descent and share them with you each Tuesday. We need to tell the positive and upbeat information about OURstory. We can't depend on others to do it for us. Please pass along any Good News story that comes your way. In the case of bloggers ... we want you to join our Good News parade every Tuesday.

June 18, 2012

Taser Lawsuit: Michael White (Vallejo, CA)

It appears that the only way that anyone can get justice for the pre-judicial electrocution of a family member is via civil action. We are simply not seeing many law enforcement officers being held accountable for their actions when they use a taser to cause the death of a citizen.

The family of 47-year old Michael White came to that conclusion this week when they filed a lawsuit in Sacramento (CA) alleging that Vallejo police officers used excessive and "unreasonable" force and were not properly trained in the deployment of their tasers. [SOURCE]

'Villagers' may recall that Michael White died June 15, 2010 after police used pumped his body several times with 50,000 volt shocks from their taser guns. The police were responding to a report that he had assaulted a woman at the Vallejo Mobile Estates.

An autopsy report said that White had cocaine in his system and died from "excited delirium."

Court documents indicate that the plaintiffs, White's daughter and her mother, are seeking $25,000 in damages for emotional distress, funeral and medical bills and loss of economic support, among other things.

April 2, 2012

Video Supports Taser Lawsuit: Preston Bussey III (Rockledge, FL)

Preston Bussey was unarmed. He was at the Wuesthoff Medical Center emergency room where he voluntarily sought treatment. That didn't matter to Rockledge Police Department officers who electrocuted him at least six times in 2009. You can see the video of this unarmed man in the moments before his untimely taser-related death.





Surveillance camera footage reveals an unarmed Bussey pulling away from police officers who did not tell him they intended to take him into custody. Police enter the hospital with Tasers raised and aimed at the patient. Bussey backs away and then follows instructions to get to his knees. The video shows the officers aiming their Tasers at his back and chest and then shooting Bussey multiple times when he steps away.


The excessive force used by these police officers resulted in the death of Preston Bussey. The lawsuit filed by the family is in the judicial pipeline.

Preston Bussey III
It seems obvious that Bussey did not harm anyone, commit a crime, possess a weapon or threaten anyone with aggression. Yet, the police treated him like an armed and dangerous violent criminal, and used unjustified, unnecessary, unreasonable and excessive force to detain him.

The lawsuit indicates that Defendants Sgt. Timothy Hewitt, Cpl. Yvette Gomez, and Officers Patrick Kennedy, Timothy Herberner, Don Williams, Robert Owens and Matthew Leverich together and individually battered, tasered and suffocated unarmed Bussey with a pillow case. The medical examiner concluded that the officers shot Bussey with a stun gun six times -- more than twice the limit set by Rockledge Police Department policy.

This blog continues to track the taser-related deaths of American citizens ... the vast majority of them UNARMED.

February 9, 2012

Taser Lawsuit: Robert Ricks (Alexandria LA)

The Alexandria Police department electrocuted 23-year old Robert Ricks last year. The police tased him twice and he died after the second shot of 50,000 volts of electricity. Ricks was unarmed. In fact, at the time of the second taser shot he was in police custody. The coroner later claimed that the cause of death was 'excited delirium'.

The family of Robert Ricks is not satisfied with the explanations or the excuses given by the police department, Taser International or any of the other 'powers-that-be'. As a result they filed a lawsuit of wrongful death. [SOURCE]
"I just want to ask them what, what happened? What happened?" said a frustrated Lawrence Ricks, father of Robert Ricks.






TASER International says while its their policy not to comment on pending litigation, the want to remind people that the cause of death was "excited delirium," not the taser gun.

Commonsense tells me that the young man wasn't going to die that day if he hadn't been electrocuted TWICE by the police officers. Commonsense tells me that an unarmed many didn't need to die if the police handled the situation better ... without relying on an instrument of death to keep the young man quiet.

February 6, 2012

Taser Lawsuit: Douglas Boucher (Mason, OH)

Mason police officers tased 39-year old Douglas Boucher in December 2009. He died. The police didn't see anything wrong with it. No charges were filed against the two officers. The family of the dead man see it differently. Boucher's family filed a federal lawsuit. [SOURCE]

The autopsy didn't indicate that the taser was the cause of death.  The lawsuit claims that the two police officers used excessive force on a mentally ill person. The family seeks compensatory and punitive damages from the city of Mason and officers Daniel Fry and Sean McCormick.

The two police officers were not called onto the scene. They just stopped by the same Speedway gas station where a female clerk was serving Mr. Boucher. When the police arrived, the clerk alleged that Boucher was harassing her. The two officers asked Boucher to go outside. The officers were attempting to handcuff Boucher when he wrestled away and hit Fry in the head with his one handcuffed hand, according to the police. When he tried to go after the clerk again - she had come outside - McCormick attempted to use a Taser on him. The first shot failed, but the second electrocution with the 50,000 volts from the taser gun knocked Boucher to the ground. He hit his head on the concrete and died.
The lawsuit claims that "Mason police officers arrested him, tased him in the chest and in the back and then, while he was on the ground, struck him with a police baton, kicked him and tased him five more times."
The report issued by the Ohio powers-that-be did note that the police officers failed to 'spark test' their taser guns ... to the device may have given off more that the 50,000 volts of electricity specified by the manufacturer.

October 27, 2011

Taser Lawsuit: Martin Harrison (Dublin, CA)

I see that the family of 50-year old Martin Harrison filed a $20 million federal lawsuit as a legal response to his taser-related death back in August 2010. The lawsuit says that Harrison was the victim of excessive force by deputies, and his beating death in August was "brutal, malicious and done without just provocation or cause."

But Sheriff Greg Ahern said the deputies "used only the force needed to get the subject under control."

Harrison died at a hospital on Aug. 18, two days after the incident at Santa Rita Jail in Dublin. The coroner determined that he had died of lack of oxygen to the brain due to cardiac arrest after the confrontation.

Harrison had been arrested by Oakland police for allegedly driving while intoxicated. On Aug. 16, Harrison began acting erratically, breaking a food tray and flooding his cell by overflowing his toilet. Deputies found Harrison hiding behind a mattress, and the inmate told them that someone was trying to kill him.

This blog looks forward to learning the outcome of the lawsuit. I think that it will take more successful civil lawsuits like this one to force police officers around the nation to reconsider taser use that results in weekly deaths.

October 14, 2011

Lawsuit Filed in the Taser-Killing of Javon Rakestrau

The mother of Javon Rakestrau has filed a federal lawsuit claiming excessive force using a taser in the wrongful death of her son on last October.   Her son was screaming for her right before he was tased-to-death by one of the Lafayette Parish deputies.   You can hear him yelling for his Mom on the dashcam video released by the police.   After the screams you hear the 50,000 volts of electricity being shot by the officer's taser gun ... then you hear nothing but silence.  You can tell that Javon is dead.

Deborah Rakestrau is asking for a jury trial in the civil case against Lafayette Parish Sheriff Michael Neustrom and Sheriff Deputy Chris Guidry. The case was filed September 30th and claims use of excessive force, pain and suffering, mental anguish, emotional pain and suffering, medical bills and expenses, loss of enjoyment of life, loss of future companionship, loss of love and affection, grief, funeral expenses, attorney fees and punitive damages against Deputy Guidry. The case was filed by attorney Clayton Burgess who is representing Rakestrau's mother.

Rakestrau died as a result of an altercation ended with Deputy Guidry.  You can see the video of the incident here. The next day, Rakestrau's family and friends protested the police presence in their neighborhood and said Rakestrau's death was "unprovoked". On October 6, 2010, the Lafayette Sheriff's Office released the dashcam video as evidence that they said "proves" Deputy Guidry followed protocol.

The suit claims on the evening of October 4, 2010, Rakestrau was approached by Deputy Guidry who asked him to place his hands on the patrol vehicle. The suit says Rakestrau protested the stop and continued walking and "a scuffle ensued between Deputy Guidry and Rakestrau".

According to case documents, "Deputy Guidry then began to tase Javon Rakestrau, but Rakestrau did not respond. After repeated administration of electric shock by way of taser to Rakestrau's body, Deputy Guidry then realized Rakestrau was unresponsive".

The suit claims, "as a result of being repeatedly tased, Javon Rakestrau suffered a fatal asthma attack, filling his lungs with foam and blood, and was pronounced dead".

At the time that they released the dash cam video, the sheriff's office said the video showed, "Javon with his right hand holding his cell phone, saying he's calling police. Then he reaches for something with his left hand. He pulls the item from his pocket".   It turns out that Javon was UNARMED at the time of his arrest.   He didn't have to be killed that night.

Witnesses at the time claimed Rakestrau had his hands up and asked not to be tased.

The Lafayette Parish Sheriff's Office said the suspect was uncooperative, and that's why he was tased by Deputy Chris Guidry.

They also said he was witnessed by an undercover deputy, doing a drug deal before he was tased. Authorities found drugs on him, after he was subdued.   I guess that a lawsuit is necessary in order for the sheriff and his boys to realize that having drugs on your person is not punishable by death.

August 31, 2011

Lawsuit Filed in the Taser-Killing of Allen Kephart

A wrongful death lawsuit was filed in San Bernardino Superior Court by Alfred and Carol Kephart in the death of their son, Allen, who was killed after an encounter with local deputies in Lake Arrowhead, Calif. The lawsuit alleges Allen Kephart's civil rights were violated after being ordered out of his car at gunpoint, thrown face first to the ground and electrocuted repeatedly in the upper back, neck and head. [SOURCE]





Although the San Bernardino County Sheriff's department maintains that the encounter began when Kephart ran a stop sign, the suit says the encounter began when Kephart honked at Deputy Ismael Diaz after Diaz pulled in front of Kephart at an intersection. According to the suit, Diaz was angered and turned on his police vehicle lights attempting to pull Kephart over.

The suit names the County of San Bernardino, the San Bernardino County Sheriff's Department, Deputy Ismael Diaz, Deputy Michael Gardea and Sergeant Bryan Lane as defendants.