Rippey v. Dopp, et al.
Published: Sep. 13, 1997 | Result Date: Aug. 22, 1997 | Filing Date: Jan. 1, 1900 |Case number: EDCV9535RT Verdict – $0
Judge
Court
USDC Central
Attorneys
Plaintiff
Stephen Yagman
(Yagman Reichmann LLP)
Defendant
Kenneth G. Lake
(California Dept. of Justice)
Experts
Plaintiff
James J. Fyfe
(technical)
Defendant
Ronald M. McCarthy
(technical)
Facts
On the evening of Jan. 5, 1995, the plaintiff's decedent, Dennis H. Rippey, Jr., a 17-year-old student, was driving his father's car with a friend. The decedent, who had a history of suicidal ideation and suicide attempts, allegedly disclosed to his passenger that he planned to commit suicide by assaulting police officers while pretending he had a gun, thereby forcing the police to shoot him. The decedent then drove recklessly, running at least one person off the road, allegedly in an attempt to attract police attention. Finally, a City of Banning police officer attempted to pull the car over for an inoperative headlight violation. The decedent stopped the car, allowing his passenger to leave. He then sped away from the scene, and the Banning officer gave chase. When the cars entered onto the 10 freeway, the California Highway Patrol took over the pursuit. During the two and one-half hour pursuit, the decedent reached speeds of 120 miles per hour, made a u-turn on the freeway, weaved from lane to lane, occasionally drove on the shoulder and center divider, and for a time, "blacked out" his lights. The pursuit travelled through large portions of San Bernardino and Riverside Counties, mostly on freeways. During the pursuit, a San Bernardino sheriff's helicopter unit reported furtive movements inside the vehicle, and indicated the car had two occupants. CHP contacted the plaintiff, the car's registered owner, who reported that his son was supposed to have the vehicle. The plaintiff also stated his son was a good student, and had never had any problems with drugs, alcohol, or law enforcement. The plaintiff stated he hoped nobody had killed his son and stolen the car. CHP succeeded in placing a "spike strip" across the freeway, flattening the car's tires in the hopes that it would cause the driver to stop. The tires were flattened, and one tire disintegrated completely, but the decedent kept driving on the rim at high speeds. The pursuit returned to the City of Banning, where the decedent left the freeway and began circling in a residential neighborhood away from his residence. The decedent travelled at high speeds, ignoring stop signs and lights, then proceeded to the general vicinity of his residence. The car became disabled directly in front of Beaumont High School, where the decedent was a student. Coincidentally, a booster club meeting at the high school had just concluded, and a number of individuals witnessed the events that ensued. The defendants, five California Highway Patrol officers, took positions near the suspect car and began issuing the "felony stop" commands. A City of Banning canine unit had also responded in the event the suspect would try to flee on foot. Prior to exiting the car, the decedent leaned over the back-seat as if to retrieve something. He ignored most of the commands given by the officers, requiring the commands to be repeated. The decedent appeared unconcerned, did not raise his hands completely, and did not turn his back to the officers. He made several movements towards his waistband, but moved his hands away when the officers reacted by yelling at him to get his hands up. The decedent then reached inside his jacket while he allegedly lunged at the officers. The police canine reacted and ran to intercept him. The CHP officers opened fire, killing the decedent and slightly injuring the police dog. The plaintiff, the decedent's father, brought this wrongful death action against the defendants based on violation of civil rights theories of recovery. The trial was bifurcated. (The court excluded in limine all evidence of suicidal ideation, as well as the statement that the decedent made to his passenger describing his suicide plan. The court also excluded in limine evidence that the subject was not armed.)
Settlement Discussions
The plaintiff made a settlement demand for $3.5 million. The defendants made no setllement offer.
Injuries
Death of son.
Other Information
The verdict was reached approximately two years after the case was filed.
Deliberation
12½ hours
Poll
8-0
Length
15½ days
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