Facts

The case stems from an incident that occurred in 2015. Relying on a mistaken suspicion that plaintiff Michael Vern Murchison illegally possessed a handgun, Sergeant Richard Knox and Sheriff's Deputy Jeff Garrett drove in an unmarked car to Murchison's remote rural home, dressed in plain clothes, hoping to goad Murchison into threatening them. Murchison had no handgun, and thus nothing to brandish, but was fooled by the deputies' concealment of their identity. Believing that he and his companion were in in danger, the 65-year-old Murchison wrote down their license plate number, told them he was contacting the sheriff, and called 911.

While Murchison spoke to 911, the deputies spotted a rifle outside of Murchison's home on a bench rest, and without identifying themselves or seeking a warrant, they crossed onto Murchison's property towards it. Murchison ran to thwart the unidentified intruders from stealing the rifle or using it against him. But the deputies apprehended him at gunpoint, drove him down, kneed him in the back and ground his face into the dirt. It was only while Murchison was on the ground, with both men on his back, that Murchison realized that the intruders were sheriff's deputies.

The officers eventually released Murchison when they learned that a decades-old conviction had been expunged. But the attack left Murchison traumatized and physically injured, and requiring medical treatment.

Murchison filed suit against the officers and the County, seeking relief under 42 U.S.C. Section 1983 and related state law claims.

The trial court granted defendants' motion for summary judgment, dismissing Murchison's action.

The Court of Appeal reversed, holding in a published opinion that a jury could find in Murchison's favor on his claim that the deputies used excessive force, that their warrantless search violated the Fourth Amendment and led to Murchison's injuries, and that they were liable under state law claims. It confirmed that "an officer's failure to identify himself can lead to the unnecessary and excessive application of force," and held that the jury could reasonably find that the deputies' "failure to shout 'sheriff's office' until the last possible moment caused the exigency" that the defendants cited as justification for their actions.

Result

The case settled for $75,000 plus attorney fees.

Other Information

The settlement follows a published opinion by the California Court of Appeal ruling that a Tehama County Superior judge had erroneously dismissed Murchison's case against the two deputies involved in the incident, Detective Jeff Garrett and Sergeant Richard Knox. That opinion, Murchison v. County of Tehama, 69 Cal. App. 5th 867 (2021), has already been cited in Witkin, American Law Reports, and other legal treatises for its holdings on civil rights and constitutional issues.