Facts

On May 20, 2011, at 3:15 p.m., Allen Kephart, 43, was driving his vehicle when he honked at a law enforcement vehicle operated by Deputy Ismael Diaz of the San Bernardino Sheriff's Department. Deputy Diaz maneuvered his vehicle behind Kephart's vehicle, turned on his lights, and instructed Kephart to pull over. Since there was no roadway shoulder to safely pull over, Kephart proceeded to the Valero Gas station, approximately one mile from the initial encounter.

As Kephart pulled into the gas station, Deputy Diaz pulled his gun out and instructed Kephart to get out of his vehicle. After Kephart got out of his car, Deputy Diaz approached Kephart from behind and placed him face down on the pavement. Deputy Diaz was soon joined by three other officers, the four officers proceeded to tase Kephart repeatedly until he eventually stopped breathing. Emergency medical personnel were called to the scene but Kephart had already died.

Plaintiffs' complaint included causes of action for assault and battery, violations of California Civil Code section 52.1, violations of 42 USC section 1983, and negligence.

PLAINTIFF'S CONTENTIONS:
Plaintiffs contended that the officers unnecessarily and brutally killed Kephart, who had done nothing wrong except angering Deputy Diaz by honking his horn. Plaintiffs also contended that the San Bernardino Sheriff's Dept. deprived Allen Kephart of his civil rights by violating his rights under the Fourth Amendment to be free from excessive force, detention and arrest not based on reasonable suspicion of probable cause and deprived him of rights secured by the Due Process Clause of the Fourteenth Amendment.

DEFENDANT'S CONTENTIONS:
Defendants contended that Mr. Kephart had refused to pull over after failing to stop at a stop sign and refused to yield to the emergency lights and siren. They claimed that the officers were reasonably dealing with an uncooperative suspect when they tased him. Furthermore, they argued that Mr. Kephart's physical condition, including obesity and an enlarged heart, contributed to his death.

Damages

Plaintiffs had under $10,000 in economic damages.

Injuries

Kephart died at the scene of the incident.

Result

The parties settled for $4,250,000.

Other Information

FILING DATE: Sept. 31, 2011.