Manning Kass Team Earns Unanimous Defense Verdict In Riverside

Manning Kass Partner Lynn L. Carpenter and Founding Partner Eugene P. Ramirez recently obtained a unanimous 7-0 defense verdict on behalf of a Riverside County Sheriff's deputy and the County of Riverside in a federal civil rights action in the Central District of California. The lengthy case culminated with plaintiffs asking for $115 million in damages, but the jury disagreed, finding in favor of our client.

This case began in Lake Elsinore, California in 2019, when a patrol deputy was called to a drug and alcohol recovery home after a man was brandishing several deadly weapons, including hedge shears and a screwdriver, and had threatened residents at the home. After the deputy arrived, the suspect exhibited signs and symptoms of being under the influence and mental distress in an aggressively agitated state. He refused multiple commands from the deputy to remove his hands from his pockets to determine whether he was armed. Given the suspect’s uncooperative and aggressive demeanor, the deputy called for back-up. 

After attempting to speak with the suspect in a calm voice and telling him he could take him to a hospital to receive treatment, the deputy attempted to escort the suspect to his patrol car without physical contact, to avoid escalating the situation. Upon arriving at the patrol car, the suspect suddenly lunged at the deputy and viciously stabbed him in the neck with a screwdriver. The suspect then fled back toward the recovery home, and a foot pursuit ensued. The suspect proceeded to jump on top of the trunk of a parked car and then leaped from the car, charging at the deputy while still armed with the weaponized screwdriver. The deputy then fired his duty weapon to stop the deadly threat of the suspect’s second armed attack. After firing his duty weapon, the deputy immediately called for emergency medical response and maintained cover until back-up arrived.

During the trial, the plaintiffs made several claims: that the deputy was not actually attacked, that the screwdriver had somehow been planted next to the suspect after the incident, that the suspect had been shot execution style on the ground or while shielding his head in a defensive position, and that there were less lethal force options that the deputy should have used in response to the deadly attack. The jury deliberated for 2 ½ hours before arriving at a unanimous verdict in favor of the deputy, finding that the use of lethal force here was objectively reasonable, necessary, and justified under these extreme circumstances.