Widow of Active-Duty Marine Killed by Police Officers Will Go to Trial

A judge ruled that a wrongful death suit filed by the widow of an active-duty marine killed by police officers in 2006 may go forward.

2012-06-08

June 08, 2012 (Press-News.org) On November 16, 2006, Robert Medina, a 22-year-old, active-duty marine got into an argument with his wife, left his house and started driving down the I-5 freeway.

Police officers from the California Highway Patrol noticed Medina driving slowly and weaving in his own lane. What followed was a slow-speed chase involving 18 officers and 13 police cars that ended in Medina's untimely death, after police officers shot him 37 times.

Medina suffered from post-traumatic stress disorder and had recently come home from a tour of duty in Iraq. Post-traumatic stress disorder, or PTSD, is especially common among veterans returning home from war. Symptoms may include flashbacks and "strong, uncomfortable reactions" to situations that remind the individual of the precipitating event, according to the U.S. National Library of Medicine.

Police officers made efforts to pull Medina over, but he did not comply. Subsequently, a San Diego deputy sheriff, Mark Ritchie, laid down spike strips in an effort to stop Medina. Medina swerved to avoid the strips, causing the officers following him to believe he was attempting to hit Ritchie. Two officers communicated to others that Medina had attempted an "assault with a deadly weapon."

In the end, police officers forced Medina to drive onto the side of the road and surrounded his vehicle with police cars so he could not move. Officer Ritchie hit the front end of Medina's truck with enough force to cause Ritchie's air bag to deploy.

Ritchie approached Medina's truck with his gun drawn. He found Medina in the driver's seat with his hands on the steering wheel.

According to officers at the scene, Medina then positioned his vehicle's wheels so they were facing towards Ritchie and tried to move his truck. Medina was shot 37 times in total by four officers, including Ritchie. Medina was alive when he was removed from his truck, but died soon thereafter.

Medina's widow, Jennifer, filed suit for wrongful death and civil-rights violations. In 2009, she filed a first amended complaint, naming Ritchie and the county of San Diego, among others, as defendants. The defendants filed motions to dismiss. The judge denied both Ritchie's motion to dismiss and the County's motion to dismiss Jennifer's municipal federal civil rights violation claim.

In 2010, Jennifer filed a second amended complaint and the case was transferred to a new judge.

On March 26, 2012, Judge Anthony Battaglia issued an order denying Ritchie's motion to dismiss and granting the County's motion to dismiss.

California Wrongful Death Claims

A wrongful death lawsuit may be brought when an individual is killed because of the wrongdoing of another individual or entity. It must be shown that the death was caused due to the individual's or entity's negligence or intent to harm.

Wrongful death claims in California may be brought by various loved ones of the decedent depending on the circumstances, including the surviving spouse, domestic partner, children and other dependents.

The person bringing suit must determine which individuals or entities to include in the lawsuit. In Jennifer's case, she filed suit against the individual officers involved in her husband's death and the county of San Diego, among others.

In 1978, the U.S. Supreme Court held in Monell v. Department of Social Services of the City of New York that victims could sue both police departments and municipalities for their employees' misconduct. The court further stated that the government could be held liable when it was shown that civil rights violations occurred because of poor training or supervision.

In California, a different statute of limitation (legal deadline) applies depending on whether a wrongful death suit is filed against an individual or a governmental agency. A suit against an individual must be brought within two years of the incident. If a government agency is being sued, an administrative claim must be filed with the agency within six months. If the agency denies the claim, the individual may then file suit in court.

The decedent's heirs may recover monetary awards based on different types of economic damages in wrongful death cases such as:
- Financial support the decedent would have provided
- Loss of gifts or benefits the heir would have expected to receive from the wrongful death victim
- Funeral and burial expenses
- Reasonable value of household services the decedent would have provided

The heirs may also recover the monetary value of certain noneconomic losses due to a wrongful death, including:
- Loss of the wrongful death victim's love, companionship, comfort, care, assistance, protection and affection
- Loss of the enjoyment of sexual relationships, when applicable
- Loss of the victim's training and guidance

Excessive Force Claims

From 1995 to 2005, California had the most wrongful death lawsuits involving police of any state, according to the Police Quarterly. Excessive force was the third highest type of negligence alleged in the cases nationwide, at 18.2 percent.

In Tennessee v. Garner, the U.S. Supreme Court limited when deadly force may be used to apprehend a suspect. The court held that deadly force may only be used when it is necessary to prevent the suspect from escaping and the police officer has probable cause to believe the suspect poses a "significant threat of death or serious physical injury to the officer or others."

The Bureau of Justice Statistics facilitates the Arrest-Related Deaths program, which accounts for those who die during the arrest process or while in custody. The program defines an "arrest-related" death as one that occurs at any point an individual's freedom to leave is restricted by law enforcement officers. It also includes one that happens while the decedent was trying to evade police during a police chase or standoff.

According to the Arrest-Related Deaths program, from 2003 through 2009 a total of 4,813 arrest-related deaths were reported in the United States. Of those deaths, 61 percent were classified as homicides committed by law enforcement officers.

During the same time frame, California had 775 arrest-related deaths, 63.6 percent of which were classified as homicides.

Those who have lost a loved one due to police misconduct should contact a knowledgeable personal injury attorney to discuss their rights.

Article provided by Miller Law Inc.
Visit us at www.millerlawinc.com

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