Jury Issues $2M San Bernardino County Wrongful Death Award to Family of Mentally Ill Man Who Was Victim of Excessive Use of Police Force

April 14, 2011,

The family of Terry Wayne Jackson has been awarded a $2 million San Bernardino wrongful death verdict against the county. Jackson, a 21-year-old mentally ill man, died while in police custody two years ago. The California excessive use of force lawsuit also names Police Chief Keith Kilmer and nine cops.

According to Jackson's mom Sheryl Nash, her son died in March 2009 because police were heavy-handed with the degree force they exerted when they apprehended him. The altercation with Jackson, who has schizophrenia, occurred after the police received a call that there was a man on the street exposing himself.

While police say that Jackson was under the influence of marijuana and methamphetamine, the plaintiff's side says that he was having "psychotic emergency" and that not only did police use too much force but they failed to regard his medical needs.

Police reportedly had a difficult time tackling Jackson. Not only was he 6 feet tall and 250 pound, but they say that resisted arrest and fought back. A third cop Tasered him. Although the San Bernardino County District Attorney's Office says that the charge from the stun gone was not enough to bring Jackson down, another cop testified that the suspect was already on the ground when the officers Tasered him.

Nash's Los Angeles wrongful death lawyer says that even though Jackson was slipping into unconsciousness and death, the police officers did not take off his restraints, reposition him so he could breath, or administer CPR. The plaintiff's side contends that these failures to act are against police policy and the training that officers receive. The District Attorney's Office says the officers did nothing wrong in the way they handled Jackson.

Excessive Use of Police Force
Even if a police officer didn't intend to inflict harm on you or your loved one, if the cop used excessive force and injury or death resulted, then you may have grounds for a San Bernardino County injury case. Police officers must be careful with how much force they exert in any situation. Unfortunately, mistakes happen and it is the victims that suffer.

Jury orders San Bernardino to pay $2 million, Redlands Daily Facts, April 12, 2011


Related Web Resources:
San Bernardino Police

Police use of force, National Institute of Justice


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San Bernardino Police Brutality Alleged by Man Who Claims He Has Video Evidence, California Injury Lawyers Blog, March 17, 2011

Buena Park Police Brutality Alleged in 2009 Incident Involving Man Arrested at Knott's Berry Farm Amusement Park, California Injury Lawyers Blog, February 17, 2011

Appeals Court says Los Angeles Personal Injury Lawsuit Against County Sheriff Lee Baca Over Brutality in Jail Can Proceed, California Injury Lawyers Blog, February 12, 2011