Facts

On Sept. 24, 2006, at about 1:30 a.m., police officer Jon Scott chased a car in a high-speed vehicle pursuit through a residential area, eventually ramming the car with his patrol car. The driver of the vehicle exited the vehicle and fled on foot. Scott shot at the fleeing driver three times. One of the bullets went into Henry Parson's apartment and hit Parson in the ankle. As a result, Parson sued the city of Bakersfield, the Bakersfield Police Department, and Officer Scott for allegedly violating the Fourteenth Amendment and the Bane Civil Rights Act, and claiming assault, battery, negligent infliction of emotional distress, and negligence.

PLAINTIFF'S CONTENTIONS:
The plaintiffs contended that Scott violated at least two policies of the police department. The Bakersfield Police Department (BPD) has certain definitive polices on the use of a firearm; they're called Firearm Safety Rules. Rule Number Four stated: "Be aware of your target and what's between you and your target and what's beyond." According to the BPD range master, these rules are posted throughout the police shooting range and other locations. The purpose of the rule is to prevent the police from shooting at a suspect and hitting an innocent bystander standing in front of or behind the suspect. Plaintiffs contended that Scott clearly violated that rule.

The BPD also has a policy regarding the use of police cars in ramming other cars. Their Emergency Vehicle Operations Policy stated that "[e]xcept in extremely hazardous situations, and only on the direction of a supervisor, will officers attempt to stop violators by any of the following tactics: ramming or bumping..." Plaintiffs contended that Scott clearly violated that policy as well.

Plaintiffs argued that the city of Bakersfield and the BDP were negligent with respect to supervision, training, and discipline. Plaintiffs claimed that before the date of this incident, Scott had been with the BPD for 19 years, and that during that time, he had been involved in seven previous incidents in which he had fired his gun. In those eight different incidents (including the subject incident) in which Scott had fired his gun, there were four people killed and five wounded. In at least two of those incidents, Scott had shot at suspects while in the parking lot of shopping centers.

Injuries

According to plaintiffs' counsel: The bullet shattered both of the bones making up the outside of the ankle. Specifically, the injury was an open comminuted fracture of the distal tibia as well as the distal end of the left fibula. The injury required the surgical placement of a plate and screws in the ankle. Parson made a good recovery, but still has pain and discomfort in his ankle. The minor did not suffer any physical injury, but suffered emotional distress upon waking up from sleep to realize that his father had just been shot in the ankle.

Result

The parties settled for $550,000 ($545,000 for Henry Parson; $5,000 for the minor).

Other Information

Mediated by Oliver U. Robinson, Esq. FILING DATE: Oct. 9, 2007.