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California: Parents Of Man Who Died In Custody Awarded $2,000,000
On June 17, 2002 the divorced parents of a man who died while being
restrained by Los Angeles County sheriff's deputies were awarded a gross
verdict of $2,000,000, reduced. by 35% based on the jury's finding of
decedent's comparative negligence.
Dwayne Nelson, 41, was arrested by Los Angeles County sheriff's deputies
for allegedly firing a gun and for being under the influence of cocaine.
When Dwayne became combative, he was hobbled by the deputies. Hobbling
consists of placing the prisoner on his stomach, knees bent and wrists
behind the back, and tying the wrists to the ankles. Soon after he was
hobbled Dwayne went into cardiac arrest. Paramedics responded and rushed
Dwayne to the hospital where he was pronounced dead.
Plaintiffs, Dwayne's divorced parents, sued four deputies, LA County and
the Sheriff Department alleging: 1) the deputies used excessive force in
hobbling Dwayne; 2) the department's own procedures note that using hobble
restraints on persons under the influence of controlled substances
increases the risk of asphyxia; and 3) that Dwayne died from positional
asphyxia and excited delirium, and that Dwayne had not ingested a lethal
amount of cocaine.
The county claimed that the amount of force used was appropriate. The
county's expert testified that Dwayne died from a pre-existing heart
condition coupled with cocaine use.
The jury found that the four sheriffs deputies were negligent and. awarded
plaintiffs a gross verdict of $2,000,000 ($1,000,000 each). However, based
on their finding that Dwayne was 35% comparatively negligent, the award was
reduced to $1,300,000 ($650,000 each).
Plaintiffs were represented by Leo J. Terrel of the Beverly Hills Law
Offices of Leo J. Terrel and David. E. Frank of the Encino Law Offices of
David Frank. See: Nelson v. Florence, Superior Court of Los Angeles County,
Case No. BC 213 704.
restrained by Los Angeles County sheriff's deputies were awarded a gross
verdict of $2,000,000, reduced. by 35% based on the jury's finding of
decedent's comparative negligence.
Dwayne Nelson, 41, was arrested by Los Angeles County sheriff's deputies
for allegedly firing a gun and for being under the influence of cocaine.
When Dwayne became combative, he was hobbled by the deputies. Hobbling
consists of placing the prisoner on his stomach, knees bent and wrists
behind the back, and tying the wrists to the ankles. Soon after he was
hobbled Dwayne went into cardiac arrest. Paramedics responded and rushed
Dwayne to the hospital where he was pronounced dead.
Plaintiffs, Dwayne's divorced parents, sued four deputies, LA County and
the Sheriff Department alleging: 1) the deputies used excessive force in
hobbling Dwayne; 2) the department's own procedures note that using hobble
restraints on persons under the influence of controlled substances
increases the risk of asphyxia; and 3) that Dwayne died from positional
asphyxia and excited delirium, and that Dwayne had not ingested a lethal
amount of cocaine.
The county claimed that the amount of force used was appropriate. The
county's expert testified that Dwayne died from a pre-existing heart
condition coupled with cocaine use.
The jury found that the four sheriffs deputies were negligent and. awarded
plaintiffs a gross verdict of $2,000,000 ($1,000,000 each). However, based
on their finding that Dwayne was 35% comparatively negligent, the award was
reduced to $1,300,000 ($650,000 each).
Plaintiffs were represented by Leo J. Terrel of the Beverly Hills Law
Offices of Leo J. Terrel and David. E. Frank of the Encino Law Offices of
David Frank. See: Nelson v. Florence, Superior Court of Los Angeles County,
Case No. BC 213 704.
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Related legal case
Nelson v. Florence
| Year | 2002 |
|---|---|
| Cite | Superior Court of Los Angeles County, Case No. BC |
| Level | State Trial Court |
| Conclusion | Jury Verdict |
| Attorney Fees | 0 |
| Damages | 2,000,000.00 |
| Injunction Status | N/A |
NO CASE TEXT