Facts

The Orange County Sheriff's Department was called to the Mission Viejo residence of Michael Momeni pursuant to three 911 emergency calls for possible domestic violence and suicide on Feb. 26, 2006. Deputies were advised that the subject had a knife in his hand and was hurting himself. Deputies were also advised that a neighbor was in the house. Momeni was eventually shot with a beanbag gun.

PLAINTIFF'S CONTENTION: The plaintiff claimed that he was compliant with police orders before being hit.

DEFENDANTS' CONTENTIONS:
The defense contended that there were exigent circumstances that required the use of the beanbag gun. Plaintiff was not only a threat to himself, but also the deputies on scene. Plaintiff was extremely intoxicated, brandishing knives, and cutting himself and threatening the deputies. He continued to be non-compliant with the deputies' requests and there was an immediate threat of plaintiff electrocuting himself in the bathtub.

According to defense counsel: After deputies arrived at the scene and announced their presence, Momeni proceeded to the kitchen and retrieved two large knives. The deputy then verbally instructed Momeni several times to relinquish the knives, to which he was non-compliant. It became apparent that Momeni was intoxicated. The deputies observed Momeni utilize one of the knives to cut his upper torso. The deputies continued to instruct Momeni to relinquish the knives with negative results. After some time, he did relinquish the knives and place them on the dining room table and fled to an adjacent stairway.

For approximately the next 30-40 minutes, the deputies verbally instructed Momeni to proceed downstairs. On separate occasions, they observed him leave his location and then proceed into the hallway and then return to the stairway landing. Momeni continued to make threats of suicide and be non-compliant to the deputies' requests. On one occasion, he advised one of the deputies "that he had filled the bathtub with water and was going to kill himself by getting in with a toaster." On another occasion, he returned drinking from a glass filled with wine and then threw the glass onto the tile floor below. Momeni eventually removed all his clothing and then proceeded down the hallway and a door was heard slamming closed.

During this time, additional assistance had arrived on the scene from the Sheriff's Department. This included a canine unit and a less lethal beanbag shotgun. There was great concern at the scene that Momeni was going to proceed with his threats and kill himself. The deputies on scene planned to enter the residence to prevent him.

Once it appeared Momeni had secured himself in the upstairs bathroom, the deputies entered the residence and proceeded to the second floor hallway.

The door to the bathroom where Momeni was located was closed and locked. Deputies verbally announced the presence of the canine and advised Momeni to exit the bathroom. The announcement was made several times and he was advised that the canine would be sent in and would bite him unless he was compliant. Momeni continued to be non-compliant, ignored the deputies' requests, and offered no further communication to the deputies.

Outside the residence, deputies on scene observed Momeni attempting to jump out of the second floor bathroom window. The deputies inside the residence were informed. Upon hearing this information, they forced open the bathroom door. The door opened, however it closed shut. The deputies then pushed on the door and only managed to pen it approximately one foot due to a blockage behind the door. The canine was released into the bathroom, called out, and then sent in again. At this point, one deputy could see Momeni's reflection in the bathroom mirror and observed him grab the canine around the neck and that Momeni appeared to be choking the dog with his hands. Almost simultaneously, a deputy fired on round from the less lethal shotgun. The fired "super-sock beanbag" projectile struck Momeni in the forehead area. He subsequently fell to the floor and was secured by the deputies. He received medical treatment from fire department personnel and then was transported to Mission Hospital.

After the incident, plaintiff had a blood alcohol level of 0.278.

Settlement Discussions

According to defense counsel: Plaintiff demanded $38,000,000. Defendant offered $1,000,000.

Injuries

The plaintiff claimed the loss of his left eye, brain damage, and injuries to his skull and nasal passage.

Result

A verdict was returned for defendants. The court awarded defendants costs of $37,817.

Other Information

FILING DATE: April 15, 2009.