Wanda Mitchell v. County of Riverside
Published: Apr. 18, 2009 | Result Date: Dec. 4, 2008 | Filing Date: Jan. 1, 1900 |Case number: 07CV00419(VAP) Verdict – Defense
Court
USDC Central
Attorneys
Plaintiff
Carl E. Douglas
(Douglas Hicks Law APC)
Drew R. Antablin
(Antablin & Bruce ALP)
Jamon R. Hicks
(Douglas Hicks Law APC)
Defendant
Arthur K. Cunningham
(Lewis, Brisbois, Bisgaard & Smith LLP)
Experts
Plaintiff
David M. Posey
(medical)
Roger A. Clark
(technical)
Defendant
Charles Wetli
(medical)
Gary M. Vilke M.D.
(medical)
Robert Fronzi
(technical)
Facts
Raymond Mitchell, 21, suffered from autism and schizophrenia. In 2006, Raymond's mother, Wanda Mitchell, called the police because Raymond was agitated and uncontrolled. Police officers Jerry Abbot and Manuel Campos, employed by the County of Riverside, responded to the call. After a struggle with the police, Mitchell died. Wanda sued the County of Riverside, Abbot, and Campos for civil rights violations, wrongful death, negligent hiring, negligence, and negligent infliction of emotional distress.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that the officers commenced the struggle. Raymond was under control by the time the officers arrived. Confined in a closet as a result of the police officers conduct, Raymond died of positional asphyxia.
DEFENDANT'S CONTENTIONS:
The officers claimed that they observed Raymond destroying property and alleged that Raymond locked himself into a closet. When they tried to handcuff him, the officers claimed that Raymond bit Officer Abbott. When they were finally able to handcuff him, Raymond had stopped breathing and died from excited delirium syndrome.
No one witnessed the events in the bedroom immediately before Mr. Mitchell's death other than the involved officers (and the decedent). The officers testified that Mr. Mitchell (approximately 280 pounds) was combative, resistant, and fighting with the officers, and that all they did was to try to subdue him in order to take him into custody for a 5150 evaluation as requested by his mother. All five officers who were at the scene testified that no one put any weight/pressure on Mr. Mitchell's back, and that he was laying in the prone position being cuffed for only a matter of seconds before he stopped breathing.
Injuries
Death.
Result
The jury found in favor of the defense.
Other Information
FILING DATE: April 11, 2007.
Poll
8-0
Length
nine days
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