Facts

Reginald Thomas suffered from a mild mental challenge. On September 30, 2016, Pasadena Police Department officers arrived at the apartment Thomas shared with his girlfriend and children. Thomas was standing outside holding a fire extinguisher in his hands with a knife under his armpit. After an altercation ensued, which led to Thomas' death, Thomas's son, Shane Love eventually sued officers Aaron Villicana, Thomas Butler, Robert Griffith, Michael Orosco, Phillip Poirier, and Rafael Santiago, and the City of Pasadena for his father's death, alleging the officers used excessive force.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that without ensuring Thomas understood their commands, defendant officers deployed two tasers to subdue him. Further, plaintiff contended that after Thomas dropped the items in his hands after being tased, he was unarmed and yet, defendant officers employed unnecessary physical force against him. Plaintiff contended that officer Villicana rushed Thomas, and proceeded to beating, and kicking him without objection or intervention from the other officers. Plaintiff contended that officer Villicana also choked Thomas and used a stun gun on him while he was still on the ground. Plaintiff further contended that defendants piled on top of Thomas, including one with his knee obstructing his ability to breathe, until he laid there lifeless. Plaintiff contended that he witnessed the death of his father by defendant officers.

DEFENDANTS' CONTENTIONS: Defendants denied the contentions and contended their actions were taken to protect Thomas's family.

Result

The court granted defendants' motion to dismiss and awarded costs to defendants.