Facts

On Sept. 24, 2013, Connor Zion suffered a mental breakdown and began wielding a knife, injuring his roommate and his mother, plaintiff Kimberly Zion. Officers arrived and a struggle ensued. Deputy Michael Higgins witnessed decedent struggling with another deputy and fired 18 shots, hitting Connor 13 times, and then repeatedly kicked him in the head.

Kimberly Zion filed suit against the County of Orange and Officer Higgins in relation to the death of her son.

PLAINTIFF'S CONTENTIONS: Plaintiff alleged Higgins negligently used excessive force in violation of the Fourth Amendment and deprived plaintiff of dher right to her familial relationship with her son, in violation of the Fourteenth Amendment. Plaintiff further claimed that Higgins was liable for causing her son's wrongful death, and claimed vicarious liability against the county because Higgins was acting in the scope of his employment as a county sheriff's deputy. Plaintiff contended Higgins fired nine shots as decedent fled, hitting him six times, after which decedent collapsed, and then stood over decedent and excessively fired another nine shots at him as he lay unarmed and defenseless on the ground. Plaintiff claimed Plaintiff claimed Higgins continued to use excessive force when he stomped on decedent's head three times, causing skull fractures.

DEFENDANTS' CONTENTIONS: Higgins claimed his actions were justified because he feared for his life and the life of his fellow officers. Defendants denied any pain and suffering damages were available because decedent died from Higgins' first nine shots.

Damages

Plaintiff sought wrongful death damages under state and federal law, and punitive damages.

Result

The jury found Higgins used excessive force, violating the Fourth Amendment, but this excessive force was not a substantial factors in decedent's death. Further, the jury found Higgins 9 percent liable, the county 6 percent liable, decedent 73 percent liable, and others 12 percent liable for negligence, with neither Higgins' nor the county's negligence substantial factors in decedent's death. The jury found plaintiff's non-economic damages for her Fourth Amendment claim to be $360,000 for decedent's pain and suffering due to Higgins' excessive force.