Police Navy

Police Misconduct Settlement $3,550,000

PRESS RELEASE

Update: July 17, 2010: Orange County, California

POLICE MISCONDUCT EXCESSIVE USE OF FORCE CASE SETTLES FOR $3,550,000

Six Years ago a Moreno Valley family called 911 to get help with transporting their ill son to the hospital for medical care. After a two week trial, 12 Riverside County jurors found that rather than helping, sheriff deputies instead used excessive force against the victim directly leading to his death about 15 minutes later.

After a two week jury trial ending last April, 2009, a jury of 4 women and 8 men rendered a gross verdict in favor of the decedent’s family totaling $5.5M. The verdict was slightly reduced to reflect a 20% comparative finding of fault by the decedent.

The County of Riverside appealed the jury verdict. This afternoon and after months of settlement negotiations and legal analysis, the parties have mutually agreed to settle this matter in exchange for payment of $3,550.000.

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Original press release, details and quotes…

Riverside, CA, April 29, 2009:

Late Tuesday afternoon, a Riverside Superior Court jury found that Sheriff Deputies employed by the County of Riverside used excessive force against a Moreno Valley family resulting in the death of an adult son. After a two week trial and several days of deliberations, a jury of 4 women and 8 men rendered a gross verdict in favor of the decedent’s two young children and family totaling $5.5M.

It was alleged at time of trial that on October 30, 2003, while lawfully visiting the home of his parents, Arthur Lee Lewis, Jr. sustained fatal injuries as a direct result of the wrongful conduct of Moreno Valley Police Officers who are contracted and employed by the County of Riverside. At the time of his death, Arthur, Jr., was 33 years old and survived by his parents, Arthur Lewis, Sr. and Jesse Lewis and minor children, Arthur Lewis, III and Nathaniel Cameron Lewis.

“This was a tragic, unnecessary and completely avoidable death. It should have never happened” according to Jon Mitchell Jackson of Jackson & Wilson, Inc., the Lewis family trial attorney. “This family reached out and called for help. Instead of getting the help they needed, their son was assaulted by a group of deputies. In our opinion, the jury didn’t believe much of the officers’ conflicting testimony and the jury made the right decision in this case.”

Arthur, Jr., was a veteran of the U.S. Navy and worked in the pharmaceutical industry and employed by Unilab for 4 years as a phlebotomist prior to death. He attended Moreno Valley High school, was a loving son and father, and was an active member of the Loveland Church.

Because of a pre-existing medical condition, several times each year Mr. Lewis would experience various issues resulting in him not eating, communicating or otherwise functioning properly. His parents, Arthur and Jesse Lewis picked Arthur Jr. up at his house and brought him back to their home to take care of him and get him back on his feet. After several days Arthur Jr. was not getting better and at about 9:15 p.m. that evening, the Lewis’ called 911 to request assistance to help get her son to the hospital for medical care.

In response to the call for help, several Moreno Valley Police Officers arrive at the Lewis home. According to the Lewis family, rather than helping get their son to the hospital, the officers instead used pepper spray on their son and without provocation, unnecessarily attacked their son and attempted to physically restrain him.

According to trial testimony, one officer attempted a carotid restraint (blood choke) on Arthur, Jr., lasting between 20-30 seconds. Arthur was then slammed face down on to the floor, handcuffed and restrained. Despite Mrs. Lewis begging the officers to get off of her son, the deputies placed their knees on the back of his neck and lower back. According to the Lewis’ trial testimony, the deputies told them that, “we know what we’re doing, we do this all the time.” At this time, the Lewis’ testified that they heard their son make a gurgle type of noise and then go limp.

During this time, another deputy unnecessarily came in to the house with his police dog and pulled it up on its leash and hind legs and forced Mr. Lewis down hall and Mrs. Lewis into the kitchen of their own home. The remaining officers then picked up Arthur, Jr., and carried him outside onto the front lawn of the Lewis home where immediately thereafter, the deputies discovered that Arthur, Jr., was dead.

According to Mr. Jackson, “while the amount of money awarded will never come close to compensating this family for their loss, it will help provide the children with funds for their college educations and lifelong needs. Hopefully it will also serve notice to local officials and police agencies that they must follow the rules and treat our citizens with respect. Arthur was a wonderful person and will be missed by everyone…especially his loving family”.

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Contact Mr. Jackson…

Please feel free to contact Mr. Jackson with any questions or comments with this, or any future projects. Let’s make it easy and communicate by email, phone, fax, video conference, office..

Special Note- After Hours and Weekends- Contact my service at 800-661-7044 or 949-855-8751 and let them know you need to speak with me. If I’m available, I’ll take your call!

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Professional Bio- Jon Mitchell “Mitch” Jackson

Jon Mitchell Jackson was recently named Orange County Trial Lawyer of the Year by the Orange County Trial Lawyers Association.

Mitch is the founding partner and Senior Litigation Partner of Jackson and Wilson, Inc., a top AV rated firm by Martindale-Hubbell. The firm is also listed in the Bar Register of Preeminent Lawyers, an exclusive listing reserved for the best law firms in the United States.

Mitch has repeatedly been named a Southern California Super Lawyer by Law and Politics Magazine and, has also been awarding a rating of 10.0 or Superb by the national AVVO lawyer rating system.

For the past 15 years or so, Mitch served as a Judge Pro Tem, arbitrator, and mediator, with the Orange County Superior Court. During the past 24 years, he has obtained numerous multimillion dollar verdicts and settlements for his clients and is a multiple time member of the Million Dollar Advocates Forum (membership limited to those attorneys having obtained million dollar plus verdicts and settlements).

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Contact Info:

Jon Mitchell “Mitch” Jackson

Jackson & Wilson, Inc. (Since 1986)

23161 Mill Creek Drive, Ste 150

Laguna Hills, CA 92653

Tel No. 949.855.8751

Toll Free No. 800.661.7044

Fax No. 949.315.3687

Email: mjackson@jacksonwilson.com

Website: www.jacksonwilson.com

Trial Tips Blog: www.triallawyertips.com

Firm Blog: www.jwlawblog.com

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Update: Senior Partner, Jon Mitchell Jackson, has been named one of Orange County’s 2009 “TOP GUN” Trial Lawyers of the Year for his exceptional trial skills, legal ethics and significant accomplishments in the courtroom (wrongful death). Watch Mitch’s Trial Lawyer of the Year Video Presentation: http://bit.ly/trial-lawyer-of-the-year

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AV rated and listed in Martindale-Hubbell’s Bar Register of Preeminent Lawyers- ** Personal Injury ** Wrongful Death ** Most Major Litigation Matters

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LEGAL CONSULTING- Helping Lawyers with Case Selection, Settlement, Litigation and Trial. Visit www.TopSecretPartner.com

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VIDEOS for Consumers at www.jacksonwilson.com

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Join Mitch on Twitter at www.Twitter.com/mitchjackson or Facebook at www.Facebook.com/jon.mitchell.jackson

About the Author

Jon Mitchell Jackson was recently named Orange County Trial Lawyer of the Year by the Orange County Trial Lawyers Association.

Mitch is the founding partner and Senior Litigation Partner of Jackson and Wilson, Inc., a top AV rated firm by Martindale-Hubbell. The firm is also listed in the Bar Register of Preeminent Lawyers, an exclusive listing reserved for the best law firms in the United States.

Mitch has repeatedly been named a Southern California Super Lawyer by Law and Politics Magazine and, has also been awarding a rating of 10.0 or Superb by the national AVVO lawyer rating system.

For the past 15 years or so, Mitch served as a Judge Pro Tem, arbitrator, and mediator, with the Orange County Superior Court. During the past 24 years, he has obtained numerous multimillion dollar verdicts and settlements for his clients and is a multiple time member of the Million Dollar Advocates Forum (membership limited to those attorneys having obtained million dollar plus verdicts and settlements).

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