L.F., a minor, by and through Danisha Brown, and K.F., a minor, by and through Danisha Brown v. City of Stockton, Stockton Police Department, Eric T. Jones, David Wells, and Doe 1 to 50
Published: Mar. 26, 2021 | Result Date: Mar. 1, 2021 | Filing Date: Aug. 8, 2017 |Case number: 2:17-cv-01648-KJM-DB Settlement – $3,250,000
Judge
Court
USDC Eastern District of California
Attorneys
Plaintiff
John L. Burris
(Law Offices of John L. Burris)
Lateef H. Gray
(Law Offices of John L. Burris)
Benjamin Nisenbaum
(Law Offices of John L. Burris)
Mark E. Merin
(Law Office of Mark E. Merin)
Paul H. Masuhara III
(Law Office of Mark E. Merin)
Yolanda Huang
(Law Office of Yolanda Huang)
Defendant
Jenny D. Baysinger
(Mayall Hurley PC)
Mark E. Berry
(Mayall Hurley PC)
Facts
Plaintiffs L.F. and K.F., the minor daughters of Colby T. Friday, who was shot and killed by police officer David Wells, sued Defendants City of Stockton, Stockton Police Department, and police officer David Wells, claiming wrongful death.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs contended Defendant David Wells chased their father Colby Friday for no apparent reason when Friday was walking. Plaintiffs contended when Friday saw Wells running towards him, he became fearful and ran in the opposite direction. Plaintiffs contended Friday ran around a nearby building, to an area located behind the building, but a locked gate blocked his path. Then, Wells shot Friday in the back twice from over 30 feet away with his service pistol. Plaintiffs contended that their father did not pose a threat to anyone at any time, and that Wells illegally and discriminately pursued their father until Wells shot and killed him. Plaintiffs contended that their father died at the scene of the shooting, and one eyewitness, a person living in a second-story apartment unit near the scene of the shooting, stated that immediately before shooting and killing, Wells said, I'm going to shoot you in the back.
David Wells had previously been identified by Stockton's Black Lives Matter as one of the top 10 violent cops in Stockton.
Colby Friday leaves behind four young minor children whom he adored, and loved.
DEFENDANTS' CONTENTIONS: Defendants denied Plaintiffs' contentions and any alleged wrongdoing. David Wells claimed he was fearful when he shot Colby Friday in the back.
Result
The parties agreed to settle for the amount of $3,250,000.
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