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Civil Rights
Excessive Force
Wrongful Death

Christopher Hammond, Matthew Hammond, individually and as successors in interest for Paul Hammond, decedent; and Emily Hammond, a minor, and Lindsey Hammond, a minor, individually and as successors in interest for Paul Hammond, decedent, and by and through their Guardian ad Litem, Cheryl Hammond v. County of Contra Costa, Robert Reichert, Kevin Mor

Published: Jun. 23, 2012 | Result Date: Sep. 9, 2011 | Filing Date: Jan. 1, 1900 |

Case number: CV 10-01454 Settlement –  $1,475,000

Court

USDC Northern


Attorneys

Plaintiff

Brian K. Gearinger
(Gearinger Law Group)

John H. Scott

R. Stephen M. LaRoe

Lizabeth N. N. de Vries


Defendant

Janet L. Holmes
(Office of the Monterey County Counsel)

Sharon L. Anderson
(Office of County Counsel)

Noah G. Blechman
(McNamara, Ambacher, Wheeler, Hirsig & Gray LLP)

James V. Fitzgerald III
(McNamara, Ney, Beatty, Slattery, Borges & Ambacher LLP)


Facts

On June 6, 2009, at 7 p.m., the decedent, Paul Hammond, had checked himself in the emergency room of Contra Costa County Regional Medical Center, because he had been experiencing chest pain and severe shortness of breath. For years, Paul had struggled with alcoholism. He told the hospital intake staff about his addiction, and explained that he had not had a drink in at least a week. He presented with the symptoms of alcohol withdrawal.

The staff ordered medical tests on Paul, one of which was expected to take six hours. In the meantime, Paul waited in one of the three sections of the trauma room. The sections are separated by curtains. At approximately 10:30 p.m., Stevani Verducci, a nurse, brought Paul a magazine and pencil at his request, to pass time while waiting for test results. Twenty minutes later, Verducci noticed that Paul was becoming confused and was pulling at his IV lines. The hospital staff then made the decision to admit Paul for alcohol withdrawal.

Verducci and a physician placed Paul in soft wrist restraints to prevent him from pulling out the IV lines. Shortly thereafter, Verducci noticed him pulling at the restraints. As Verducci approached Paul's gurney, she saw that he had a 3-inch, folding pocketknife in his right hand, which was still in a restraint he was trying to cut. The knife was a folding pocketknife.

As Verducci ran to the nurse's station and screamed that Paul had a knife, Deputy Robert Reichert, who was in the section of the trauma room that was immediately adjacent to Paul's section, heard Verducci's screams. Deputy Reichert was at the hospital because of an unrelated incident. At that time, Deputy Reichert noticed that Paul was agitated.

Although Deputy Reichert previously saw Paul act in an agitated manner only a few minutes earlier, he failed to recognize that Paul was having a medical emergency. Deputy Reichert did not make any inquiries to the hospital staff staff that were aware of Paul's ongoing alcohol withdrawal Instead, Deputy Reichert proceeded to draw his gun on Paul. Deputy Reichert then summoned Deputy Kevin Morris. Deputy Morris also immediately drew his gun on Paul.

When Paul did not respond to Deputy Reichert's and Deputy Morris' commands to drop the knife, or to the pepper spray that Deputy Morris sprayed in the Paul's face, Deputy Reichert and Deputy Morris shot four times and killed Paul. At that moment, the decedent was still on the gurney with his right hand restrained. Shortly thereafter, members of the Martinez Police Department arrived on scene. One of the Martinez Police Department officers approached decedent and knocked the knife out of his hand.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiffs, the decedent's four children contended that Deputy Reichert has displayed a propensity for violence while acting as a peace officer. Despite this extensive negative job history, the Sheriff's Office hired Deputy Reichert. At the time he and Deputy Morris killed the decedent, Deputy Reichert was assigned to the Health Services Security Unit of the Sheriff's Office. In that capacity, Deputy Reichert provided security to the hospital, and was involved in securing inmates when they receive medical treatment at the hospital.

Settlement Discussions

The parties first mediated the case before William N. Hebert. Four months later, after completing numerous depositions, the parties participated in a mandatory settlement conference before Magistrate Judge Jacqueline Scott Corley. The parties reached a settlement several days after completing the mandatory settlement conference.

Damages

Plaintiffs incurred approximately $1,600 related to cremation costs and a memorial service. The most significant portion of the value of this case is found in plaintiffs' claim for general damages for the loss of their father.

Result

The parties reached a settlement for $1.475 million.

Other Information

FILING DATE: April 6, 2010. SETTLEMENT JUDGE: Hon. Jacqueline Scott Corley


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