Helen Wathan, James F. Wathan, a surviving heirs of James Wathan Jr., deceased v. Merced County Sheriff Deputy Doug Hays and Deputy Russ Sharock
Published: Aug. 22, 2009 | Result Date: Jun. 10, 2009 | Filing Date: Jan. 1, 1900 |Case number: 1:05-cv-01609-LJO-DLB Verdict – $1,200,000
Judge
Court
USDC Eastern
Attorneys
Plaintiff
Defendant
James J. Arendt
(Weakley & Arendt PC)
Experts
Plaintiff
Ron Martinelli
(technical)
Werner Spitz
(medical)
Defendant
Joseph J. Callanan Jr.
(technical)
Vincent J.M. DiMaio
(medical)
Facts
On April 3, 2005, James Wathan called the sheriff's department to remove his son, James Wathan Jr., 32, from his home because he suspected that his son was drinking and on drugs. When deputies arrived to arrest Wathan Jr., a confrontation ensued and Wathan Jr. died. His parents sued the deputies under 42 U.S.C. Section 1983 for excessive force and negligence.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiffs claimed that the deputies utilized chokeholds, arm restraints, and pushed Wathan Jr.'s face into a sofa, which caused his death.
DEFENDANT'S CONTENTIONS:
The defense asserted that the decedent suffered excited delirium syndrome due to an excited state, physical struggle, and methamphetamine use.
Damages
The plaintiffs claimed death and loss of society.
Result
The jury awarded the plaintiffs $1,200,000, but also found that decedent was 25 percent negligent. The award was reduced to $9,000,000.
Length
seven days
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