Eastern District of California Blog

Family of Brandon Smith File Wrongful Death Suit in EDCA Court

The mother and children of a man who died in Sacramento police custody last year have sued the city of Sacramento and Sacramento County in federal court.

Brandon Smith’s mother, Yolanda Smith, along with his three minor children, represented by guardian Keyanna Washington, filed the wrongful death lawsuit last week in federal court.

The lawsuit, filed by high-profile civil rights attorney John Burris on behalf of the family, names the city and county as defendants. It also names county Department of Behavioral Health mental health counselor Elizabeth Almendarez; California Department of Corrections and Rehabilitation parole officers Angelle Garner and PA Mosby; and Sacramento police officer Marcus Frank as defendants.

Sac Bee, 7/30/19

 

Sacramento Pays $5.2 Million Settlement in Excessive Force Taser Case

The Sacramento City Council on Tuesday approved a $5.2 million payout for an excessive force lawsuit of a 2017 incident in which police tased a 34-year-old man so many times his family said he was left with the mental capability of a toddler.

In a closed-door session, the council voted to approve the settlement for the family of John Hernandez, who was tased nine times and struck by officers’ batons at least five times while being arrested, according to court documents.

The settlement is believed to be the largest in the city’s history, far surpassing last year’s settlements of $2.8 million for 24 lawsuits, four of which police were alleged to have used excessive force.

Sac Bee, 6/11/19

 

EDCA Lawsuit Filed Alleging Unlawful Arrest Outside 7-11 Store

Per ABC10 News, 5/3/19, Craig Williams filed a civil rights lawsuit Thursday alleging he was unlawfully arrested by Sacramento Police outside a 7-11 store in South Land Park last year.  

Fresno Seeks New Trial Over Casillas Excessive Force Verdict

The city of Fresno wants a second trial in the excessive force case of Casimero “Shane” Casillas, who was shot to death by a Fresno police officer in 2015.

An attorney for Casillas’ family said the motion was a last-ditch effort by the city to avoid paying out nearly $5 million in damages that a federal jury ordered the city to pay.

“This is a Hail Mary by the city of Fresno and their attorney to grasp at something to have this verdict overturned or to have a new trial,” said Bill Schmidt, one of the attorneys for Casillas’ family.

Fresno Bee, 3/25/19

Hm? Ninth Circuit Holds Theft By Police Does Not Violate a Person's Clearly-Established Constitutional Rights

Two businessmen who claimed they were robbed of more than $225,000 by police in Fresno, California during an investigation into illegal gambling saw their civil rights lawsuit dismissed last week, when the U.S. Ninth Circuit Court of Appeals ruled it was “not obvious” that theft by cop would violate their Fourth Amendment rights. Writing for a unanimous court, Judge Milan Smith held that even if police officers did steal (an allegation they repeatedly denied), the two men “did not have a clearly established Fourth or Fourteenth Amendment right to be free from the theft of property seized pursuant to a warrant.” As a result, the officers would still be entitled to “qualified immunity” and could not be sued for damages in federal court.

Forbes, 3/26/19

EDCA Jury Awards $4.75 Million to Family of Man Shot By Fresno Police

A federal jury on Wednesday awarded $4.75 million to the family of a 45-year-old man who was fatally shot by Fresno police in 2015.

The family of Casimero “Shane” Casillas sued the city over his death. In its lawsuit it alleged that Fresno police Officer Trevor Shipman violated Casillas’ civil rights by using excessive force when he confronted Casillas on Sept. 7, 2015.

The jury reached its verdict in U.S. District Court in Fresno after two days of deliberations.

Fresno Bee, 3/6/19

 

New EDCA Suit Alleges Sacramento Police Shot Another Young Black Man

As Sacramento officials grapple with protests over the Stephon Clark case, the family of another young black man shot to death by Sacramento police have sued the city alleging that officers shot him while he was in the midst of a mental health crisis and holding his hands in the air.

The lawsuit was filed Monday in U.S. District Court on behalf of the family of Darell Richards, a Sacramento teenager shot to death Sept. 6, 2018, in a Curtis Park backyard after a 911 call reported a man walking along Broadway wearing a hospital mask and pointing a gun at people.

Sacramento Bee, 3/6/19

 

Excessive Force Federal Trial in Fresno Jury's Hands

After three days of testimony and nearly a dozen witnesses, an eight-member jury in U.S. District Court must now decide whether former Fresno police officer Trevor Shipman used excessive force when he shot and killed 45-year-old Casimero “Shane” Casillas.

Casillas’ family filed a civil rights lawsuit against the City of Fresno alleging his death was the result of negligence when he was fatally wounded by Shipman on Sept. 7, 2015, after trying to elude police.

Closing arguments were presented Friday from attorneys representing the city and Casillas’ estate. The family is being represented by William Schmidt of Fresno and Dale Galipo of Southern California.

Fresno Bee, 3/2/19

 

Fresno Civil Rights Trial Started Yesterday

Three years after Casimero “Shane” Casillas was shot and killed by a veteran Fresno police officer, the slain man’s family hopes to prevail in its civil rights lawsuit against the city.

The civil trial began Monday in U.S. District Court Judge Anthony Ishii’s courtroom. Casillas’ relatives allege Officer Trevor Shipman used excessive force, and violated Casillas’ civil rights.

The family also claims the Fresno Police Department was negligent when officers tried to arrest Casillas.

Fresno Bee, 2/27/19

 

Stephen Clark Civil Rights Complaint Filed Today

The Stephen Clark shooting civil rights complaint was filed in Sacramento federal court today and can be downloaded here:   Stephen Clark,et. al. v. City of Sacramento, et. al., No. 2:19-CV-00171-JAM-EFB Civil Complaint.

It's been assigned to Judge Mendez.  Here is the Sacramento Bee story.