Facts

On the afternoon of January 1, 2018, the Torrance Police Department (TPD) received a 911 call regarding a Black adult male, who was later identified as Deautry Ross, who was standing in front of a Crate and Barrel store with a pocketknife in his hand while talking to himself and throwing CDs into the parking lot. The caller also reported Ross might be mentally disturbed and may have been holding a crackpipe. Officer Nelson and Officer Vazquez were dispatched. Upon arrival, Officer Vazquez did not see Ross holding a knife or a crack pipe, though he did see Ross holding two black sticks in his hands, nor did he see Ross acting aggressively or violently towards anyone. Officer Nelson identified himself as a police officer and asked Ross if he could talk to him. Ross shouted something that Officer Nelson did not understand and then put the sticks in his pockets. Ross then started walking away. Officer Nelson informed dispatch that Ross was walking away and two additional TPD officers, McGee and Tomsic arrived on scene. The officers then chased after Ross. When Ross stopped running, he turned towards the officers in an act of surrender, and tossed miscellaneous items high into the air. The officers issued various commands but Ross could not comply as he was confused by the conflicting commands. The officers then pinned Ross on the ground. Ross began grabbing toward Officer Tomsic's belt area, prompting Tomsic to yell "He's got my gun!" Officer Nelson delivered consecutive knee strikes to Ross' head. Officer McGree discharged his taser and applied the taser to Ross' upper and lower back three separate times. Minutes later, Officer Gonzales, who arrived on scene, sat on Ross' legs with his full body weight to hog-tie Ross. When medical personnel arrived, Ross was still hog-tied and was struggling to breath. Officers did not allow medical personnel to provide immediate medical attention to Ross. Ross went into cardiac arrest and died on scene. Ross' mother, his successor-in-interest, brought an action against the City of Torrance (City), TPD, Officer McGee, and the responding officers alleging wrongful death and violation of Ross' civil rights.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant City is liable for all the injuries sustained because defendant City's policies, practices and/or customs were the cause of Ross' death and plaintiff's injuries. Plaintiff contended that defendant City failed to provide adequate training, supervision, selection, retention, discipline of its police officers. Plaintiffs contended Ross' death was caused by the injuries he suffered at the hands of defendant. Plaintiff contended a reasonable officer would have clearly been on notice that Ross did not pose a threat of harm. Plaintiff contended defendants' conduct was unreasonable. Plaintiff contended defendants used excessive force on Ross and defendants denied him medical care. Plaintiff contended defendants denied plaintiff's right to due process and right to familial relationship. Plaintiff contended defendants caused the wrongful death of Ross. Plaintiff contended defendants deprived Ross of his constitutional rights. Plaintiff contended defendants assaulted and battered Ross. Plaintiff contended defendants conduct caused emotional distress.

DEFENDANTS' CONTENTIONS: Defendants denied all of the contentions. Defendants contended that the excessive force claim fails because the officers' use of force was objectively reasonable and defendants are entitled to qualified immunity. Defendants contended medical care was promptly summoned. Defendants contended the officers did not act with a purpose to harm unrelated to legitimate law enforcement objectives. Defendants contended that plaintiff's state law claims fail because the use of force was objectively reasonable. Defendants contended the punitive damages claim fails because there was no evidence that defendants acted with evil intent.

Result

The case settled for $3,000,000.