Facts

Philip Gabales was detained by Sheriff's Deputy Robert Foppiano and Highway Patrol Officer William Inskip for vehicle violations. Both officers were in plainclothes as they were working as part of the Delta Regional Auto Theft Team in San Joaquin County.

Gabales fled on foot, and after a pursuit and the dispensing of pepper spray, he was captured by the officers in a nearby driveway. Matthew D'Valentine, a California Youth Authority Officer, saw the officers struggling to handcuff Gabales and he stopped to assist in the handcuffing. Gabales apparently died during or as a result of the handcuffing incident.

Sonja Gabales, decedent's wife and others sued the County of San Joaquin, Sheriff Robert Heidlebach, and the individuals involved for wrongful death, excessive force, and assault and battery. The county and Sheriff was sued for negligent hiring, retention, training, supervision and discipline.

Plaintiffs alleged that Foppiano struck Gabales several times with his ASP baton around the left arm, shoulder, head and the back of his neck. They also claimed that substantial amounts of pepper spray were applied on Gabales and he sustained a cardiac arrhythmia as a result of aspiration of his own vomit caused by the violent struggle with the officers.

The county was dismissed based on summary judgment, and the case continued against Foppiano, Inskip, D'Valentine and the state. Post-mortem toxicology revealed Gabales was under the influence of cocaine and methylenedioxyamphetamine at the time of his death. Plaintiffs conceded that Inskip and D'Valentine were not liable for any 14th Amendment violations nor for any punitive damages.

DEFENDANTS' CONTENTIONS:
Defendants contended that Gabales exhibited unusual behavior during the traffic stop, in which Gabales ran a stop sign, and the officers belived he was under the influence of drugs or alcohol. Foppiano contended that Gabales claimed he was being chased and fled after the officers attempted to handcuff him. Foppiano further contended that the force used against Gabales was reasonable as his behavior became more bizarre.

Damages

Plaintiffs sought recovery for emotional distress damages, $10 million in general damages, special damages, and punitive damages. Plaintiffs further sought injunctive relief, attorney fees and costs.

Result

The jury found that Foppiano did not use excessive force against Gabales and that he did not violate the decedent's 14th Amendment. Neither Inskip nor D'Valentine were found liable for excessive force or battery.

Deliberation

eight hours

Length

four weeks