Facts

On May 5, 2004, 29-year-old decedent Cammerin Boyd, an African American male and double amputee with prosthetic legs, was shot and killed by defendant San Francisco Police Officer Timothy Paine. Plaintiffs are Marylon Boyd, decedent's mother, and decedent's two children, Isabel Gonzalez and Kanani Boyd.

Plaintiffs alleged that Paine shot decedent as he surrendered following a vehicle pursuit. The plaintiffs claimed that James O'Malley, another officer, shot at decedent without any warning and that the other officers responded by opening fire. The plaintiffs stated decedent was unarmed when he exited the vehicle and complied with all commands, except for the order to get on his knees, which was impossible for him due to his prosthetic legs.

PLAINTIFFS' CONTENTIONS:
The plaintiffs alleged constitutional violations, violations of the Americans with Disabilities Act, wrongful death, negligent hiring, supervision and retention, and battery.

DEFENDANTS' CONTENTIONS:
Defendants City and County of San Francisco, Heather Fong, O'Malley and Paine contended that decedent intended to have the police kill him, referred to as "suicide by cop," in order for his mother to pursue a civil action against the city. The defendants further claimed that decedent attempted to kidnap two different women at gunpoint, fired several shots at the police and failed to surrender. The defendants contended that decedent reached into his car where his loaded gun was located, forcing defendant Paine to shoot and kill him. Defendants claimed that decedent harbored hostility toward police because he lost his legs in another high-speed car chase with the California Highway Patrol in 1993.

Injuries

Cammerin Boyd died from the gunshots.

Result

The jury returned a verdict for defense. Officers William Elieff, Gregory Kane, and Steven Stearns were dismissed by stipulation on April 6, 2007. Plaintiffs also dismissed their ADA claim at the same time.

Other Information

FILING DATE: Dec. 27, 2004.