Facts

Mid-afternoon on July 29, 2019, Deputies Sonia Gomez and Brian Keeney were dispatched to an apartment complex in response to 911 calls reporting a psychiatric emergency. An injured man was pounding on doors and screaming for help. The deputies saw Kevin Niedzialek seated in an alcove with a bloody head wound. Mr. Niedzialek was agitated and incoherent. Deputy Keeney attempted to speak to Mr. Niedzialek, who responded nonverbally and incoherently. Mr. Niedzialek then stood up and advanced toward Deputy Keeney but stopped short of making physical contact. Deputy Gomez fired a Taser at Mr. Niedzialek, causing him to fall face-first. Mr. Niedzialek sat up, continuing to display agitated, irrational behavior. Mr. Niedzialek then stood up and took a few quick steps toward Deputy Keeney with his hands at his side. Deputy Gomez activated her Taser, causing Mr. Niedzialek to fall face forward and land hard on the ground.

Deptuy Keeney grabbed Mr. Niedzialek's left wrist and placed his knee on Mr. Niedzialek's midback while extending his leg towards Mr. Niedzialek's buttocks. Deputy Gomez quickly handcuffed Mr. Niedzialek with Deputy Keeney's assistance. Throughout the handcuffing, Mr. Niedzialek flailed his legs but did not kick either deputy. After handcuffing, the deputies continued to push down on Mr. Niedzialek's back, holding him prone against the ground instead of rolling him onto his side to breathe. Mr. Niedzialek attempted to roll onto his left side to alleviate the pressure on his chest so that he could breathe. The deputies rolled him back onto his chest. Mr. Niedzialek exclaimed, "Stop," "I need help" twice, and subsequently said, "Get off" or "Get these off." Despite Mr. Niedzialek's pleas for help, the deputies continued to push down on Mr. Niedzialek's back.

Forty-five seconds after handcuffing, Mr. Niedzialek stopped making sounds and became still. Despite this, the deputies continued to push down on Mr. Niedzialek's back, holding him prone for another four minutes. Four minutes and 40 seconds after handcuffing, Deputy Keeney attempted to ascertain whether Mr. Niedzialek was breathing. When he saw no signs of life, he tapped Mr. Niedzialek a few times while telling Deputy Gomez to turn Mr. Niedzialek over. When Mr. Niedzialek was turned onto his back, video shows his pupils to be fixed and dilated. He was not breathing, and he was not responsive. One minute and 40 seconds later, paramedics arrived and observed that Mr. Niedzialek had agonal respiration and no pulse. CPR was then performed at the request of the paramedics and Mr. Mr. Niedzialek was transported to the hospital. Mr. Mr. Niedzialek suffered an anoxic brain injury and died the next day.

The Riverside County Sheriff's Department instructs its deputies that being held in the prone position does not interfere with breathing and that the safest way to restrain a handcuffed person is prone. The deputies are further trained to maintain pressure on a handcuffed, safely restrained and prone subject's back to make sure the subject does not "pop up."

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that the RSD Deputies' restraint of Mr. Niedzialek was excessive and unreasonable and their conduct towards Mr. Niedzialek was negligent. Plaintiff further alleged that the Riverside County Sheriff's Department had unconstitutional custom and policies and inadequate training regarding prone restraint. Plaintiff also alleged that Sheriff-Coroner Chad Bianco ratified the deputies' unreasonable conduct and was supervisory liable for his training and supervision of his deputies. At the time of trial, Plaintiff maintained the following claims for relief against the County of Riverside and Sheriff-Coroner Chad Bianco: (1) Municipal Liability based on Unconstitutional Policy, Custom or Practice pursuant to 42 U.S.C. § 1983; (2) Municipal Liability based on Inadequate Training pursuant to 42 U.S.C. § 1983; (3) Municipal Liability based on Ratification pursuant to 42 U.S.C. § 1983 (4) Supervisory Liability pursuant to 42 U.S.C. § 1983; (5) state law battery (wrongful death); and (6) state law negligence (wrongful death).

DEFENDANT'S CONTENTIONS: Defendants denied Plaintiff's allegations in their entirety.

Result

The jury returned a verdict in favor Plaintiff on her negligence claim, awarding her $7.5 million in damages. However, the jury also found that Mr. Niedzialek was contributorily negligent. Accordingly, the court reduced the damages award to $1.5 million.

Deliberation

two days

Length

six days