Bui et al. v. City and County of San Francisco

Northern District

U.S. Magistrate Judge Laurel D. Beeler

Defense Lawyers: Sean F. Connolly, Rebecca A. Bers, San Francisco city attorney's office

Plaintiff's Lawyers: Adam M. Carlson, Casper, Meadows, Schwartz & Cook APC

Defending police officers in a wrongful death case for a shooting has probably gotten more difficult in recent years. But San Francisco Deputy City Attorney Sean F. Connolly said the facts were on the officers' side in a trial that ended in March 2018.

The fatal incident took place in December 2010. Vinh "Tony" Bui, 46, suffered from schizophrenia and lived with his parents and other family. Family members would later testify that he was normally calm but would grow upset when the bathroom door by his bedroom would slam.

That's what happened repeatedly when a niece invited about a dozen other teens over. When a 15-year-old girl left the bathroom, Bui stabbed her in the back with an X-Acto knife. Minutes later, when officers responded, Bui advanced toward them. The two officers retreated down a hallway, but ultimately fired three shots. Bui died 45 minutes later.

"The officers had their backs literally to the wall, and behind them were the teenagers," said Connolly, who argued the case along with colleague Rebecca A. Bers. "The law doesn't require them to wait to be stabbed first."

The family demanded $17 million in a case that dragged on for years. The officers were dealing with a confusing set of facts, Connolly said. The only other adult home at first denied there was a stabbing, and the officers at first were not sure of the relationship between Bui and others in the house or of the extent of his mental illness.

The plaintiffs' team was led by Adam M. Carlson, managing partner with Casper, Meadows, Schwartz & Cook APC in Walnut Creek. He argued the slightly-built Bui posed no immediate threat to the much larger, well-armed officers.

Similar arguments helped sway a 9th U.S. Circuit Court of Appeals panel to allow the case to continue when it ruled on a summary judgement motion in 2017.

Carlson did not reply to a call and email seeking comment.

The case would ultimately lead to changes in the police department's handling and training for dealing with mentally ill suspects. But after four hours of deliberation, a federal jury found the officers did not use excessive force. Bui et al. v. City and County of San Francisco, 11-CV04189 (N.D. Cal., filed Aug. 24, 2011).

-- Malcolm Maclachlan