Facts

Ventura County Sheriff's Department deputies responded to a call regarding a possible suicide. The reporting party told dispatchers that Garland McIntosh, a man in his early 50s, had been diagnosed with Parkinson's disease and diabetes and was upset about a recent hospital visit. The reporting party, a friend of McIntosh's, stated that McIntosh had been making suicidal statements, drinking and taking pills.

Deputies Odilon Malagon and Jacob Holt arrived at McIntosh's residence. There they found McIntosh lying motionless on a bed in boxer shorts. The deputies tried to get his attention by shining a flashlight through the window, but McIntosh did not respond. They went to the front door, and returned to the bedroom window after they got no response. They removed the window screen and entered the bedroom causing McIntosh to startle, climb out the window and start sweating.

The deputies claimed that they were threatened by McIntosh's demeanor, who was holding a bottle over his head and moving toward them while he shouted obscenities. Both deputies tased him on the lawn. He was issued a citation for resisting arrest and taken to the hospital for treatment.

McIntosh sued the City of Camarillo, the deputies and the Sheriff's department alleging excessive force. McIntosh claimed that the force was unjustified because five minutes lapsed between each tasing and he received no warning. He also claimed that he was concerned someone was breaking into his home and needed to protect his mother, who lived with him.

The county tried to dismiss the case, but U.S. District Court Judge Dolly M. Gee denied the request, prompting the county to increase its offer to settle.

Result

The county agreed to settle the matter for $46,200.