This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Civil Rights
Excessive Force

William Fetters, et al. v. Los Angeles County Sheriff's Department, et al.

Published: Apr. 6, 2013 | Result Date: Mar. 26, 2013 | Filing Date: Jan. 1, 1900 |

Case number: BC437875 Verdict –  $1,127,600

Court

L.A. Superior Central


Attorneys

Plaintiff

Bradley C. Gage
(Goldberg & Gage )

Robert R. Shiri
(Law Offices of Robert R. Shiri APC)


Defendant

Catherine M. Mathers

Nicole D. Tinkham


Facts

Los Angeles County Sheriff's deputy Scott Sorrow shot a Palmdale teenager who was holding a toy gun. The shooting was prompted by a 911 call about a man on a bike who was pointing what appeared to be a gun at cars and people. The teenager, William Fetter, was 15 at the time. He sued the City of Los Angeles and Sorrows for unlawful excessive force.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the caller mentioned that the gun could be fake. The plaintiff also contended that he was using the plastic toy gun to play "cops and robbers" with other kids in the street. The plaintiff further contended that the orange tip was broken off.

DEFENDANTS' CONTENTIONS:
Defendant Sorrow contended that the toy gun the plaintiff was holding did not have an orange tip as most toy guns do. The defendant further contended that the plaintiff did not stop and drop the gun as ordered, and even pointed the gun at the patrol car.

Injuries

Fetters was shot once in his upper left torso.

Result

The jury awarded Fetters more than $1 million in non-economic damages.

Poll

9-3 (excessive force)


#97431

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390