Facts

On the morning of July 11, 2016, decedent Joseph Mann, 50, was wandering around the Del Paso Blvd. area of Sacramento, when a resident called 911 to report a man with a gun. It is unclear whether or not the 911 caller was falsely reporting that Mann had a gun or if the officers failed to locate the gun wielding man, after focusing their attention on Mann.

City of Sacramento Police Officers John Tennis and Randy Lozoya, along with other officers, were dispatched to the area. The officers contacted Mann. Mann did not have a gun. However, he was displaying overt signs of being in the midst of a mental health crisis. Mann was doing karate moves and zigzagging back and forth across the street as he tried to walk away from the officers. After a confrontation, Mann was shot multiple times by the officers and sustained fatal injuries.

Plaintiff William Mann Sr. sued the City of Sacramento and defendants Lozoya and Tennis, for the wrongful death of his son, claiming violations of the Fourth Amendment and state law.

PLAINTIFF'S CONTENTIONS:
As officers Tennis and Lozoya arrived on the scene, they were heard saying 'Fuck this guy.' As officers Tennis and Lozoya rode in their patrol cars, aggressively hunting Mann down, police dispatch audio recordings captured the two officers discussing their intent to try to hit Mann with their patrol cars. One of the officer's is heard saying, 'I'm gonna hit him,' while his fellow officer encourages him with a supportive 'Go for it!' None of the other officers who were present or who overheard the officer Tennis and Lozoya's conversation advised them to stand down and/or abandon the felonious and murderous plot.

Officers Tennis, Lozoya and other officers failed to contact any mental health counselors, attempt to use less than lethal force or deescalate the situation. Apparently frustrated by their inability to run the decedent over with their patrol vehicles, they abandoned their positions of safety behind the vehicles and ran straight toward decedent, provoking an unnecessary close range confrontation and immediately opened fire approximately 27 feet away from decedent. By engaging in such poor tactics, the officers' effectively squandered the time, opportunity and distance they are trained to maintain in order to bring situations like this to a conclusion without having to resort to deadly force.

Officers Tennis and Lozoya shot decedent at least 16 times, from heel to chest with gunshot wounds as he feebly attempted to leave the scene. Joseph Mann died as a result of the officers' poor tactics and unwarranted use of excessive force. Prior to the shooting, Sacramento Police Dept. officials had actual notice that John Tennis was unfit for duty. Defendant Tennis was known to be suffering from long-term alcohol addiction, and was experiencing severe and debilitating personal problems. In addition, defendant John Tennis was involved in a prior suspicious in-custody death.

Plaintiff William Mann Sr. contended that the fatal shooting of his son violated state and federal law.

DEFENDANTS' CONTENTIONS:
Defense contended that 911 operators received several frantic calls from residents reporting an individual armed with a knife and a gun, which he was brandishing as he walked from a residential area toward a heavily populated business district. When Sacramento Police Officers arrived, citizens positively identified the decedent as the same individual. As officers attempted to verbally persuade decedent to drop his weapons, he refused orders and challenged officers with a large knife as he continued to flee toward several open businesses.

Decedent assumed a fighting stance with a large knife pointed at officers and it became apparent that he posed an imminent threat to officers and citizens on the street and in nearby businesses. When decedent continued to refuse orders to drop his weapon and instead maintained his threatening stance toward officers attempting to take him into custody, officers fired their weapon to eliminate the threat to themselves and the public. The city settled this matter, according to defense, in order to allow all parties to move forward and the city continues to implement additional policies and programs to assist its officers in dealing with mental illness issues.

Result

The case settled for $719,000.

Other Information

MEDIATOR: Hon. William Cahill, ret., JAMS.