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Civil Rights
Excessive Force
Wrongful Death

I.A. and C.S., the minor children of Yuvette Henderson, deceased, by Craig Salmond, as guardian ad litem, and Denise Henderson, v. City of Emeryville, Michelle Shepherd, and Warren Williams

Published: Sep. 22, 2017 | Result Date: Mar. 28, 2017 | Filing Date: Oct. 29, 2015 |

Case number: 4:15-cv-04973 DMR Settlement –  $210,000

Court

USDC Northern District of California


Attorneys

Plaintiff

Daniel M. Siegel
(Siegel, Yee, Brunner & Mehta)

EmilyRose N. Johns
(Siegel, Yee, Brunner & Mehta)


Defendant

Kevin P. Allen
(Allen, Glaessner, Hazelwood & Werth LLP)


Facts

On Feb. 3, 2015, employees of the Home Depot in Emeryville tried to stop Yuvette Henderson after she was accused of shoplifting.

Emeryville police officers Michelle Shepherd and Warren Williams responded to the scene and blocked Henderson with their patrol cars in front of a storage facility. Officer Williams shot at Henderson with an AR-15 rifle and struck her with at least one shot, knocking her to the ground. He fired at her again, hitting her in the head and killing her.

Contentions

PLAINTIFFS' CONTENTIONS: Plaintiffs, decedent's minor and adult children, claimed Officer Williams utilized excessive force when shooting Henderson while she was on the ground in that she was injured and could not reach her handgun, which was on the ground at least six feet behind her.

DEFENDANTS' CONTENTIONS: Henderson had threatened the employees with a handgun. Henderson ran from the scene, tried to board a bus on Hollis Street, and then tried to stop a car while waiving a handgun in the driver’s face.

Defendants argued that Officer Williams reasonably feared that Henderson was about to shoot him.

Injuries

Plaintiffs claimed loss of care, comfort, and support from their mother.

Result

The case settled at a court ordered settlement conference for $210,000.

Other Information

U.S. Magistrate Judge Donna Ryu denied defendants' motion for summary judgment.


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