RESULT DATE: April 28, 2009

Arthur Lewis, Jesse Lewis, Arthur Lewis III, a minor, by and through his Guardian ad Litem, Linda Benton, Nathaniel Lewis, a minor, by and through his Guardian ad Litem, Camille Davis v. County of Riverside (RIC412236) Hon. William E. Burby Jr. Riverside Superior
 
CIVIL RIGHTS- Excessive Force- Wrongful Death and Emotional Distress
 
VERDICT: $5,500,000
 
ATTORNEYS: Plaintiff - Jon Mitchell Jackson (Jackson & Wilson, Inc., Laguna Hills). Defendant - Bruce E. Disenhouse (Kinkle, Rodiger & Spriggs, Riverside).
 
FACTS: According to plaintiff's counsel: As what would happen several times each year and because of a pre-existing medical condition, Arthur Lee Lewis Jr., 33, was experiencing various medical issues resulting in him not eating, communicating or otherwise functioning properly. His parents, Arthur Sr. 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. On Oct. 30, 2003 at 9:15 p.m., after several days of Arthur Jr. not getting better, the Lewis' called 911 to request assistance in getting their son to the hospital for medical care.
 
In response to the 911 call, (which was considered a Welfare 5150 call by the Moreno Valley Police Dept.), several Moreno Valley Police Officers arrived 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. One officer attempted a carotid restraint (blood choke) on Arthur Jr., lasting between 20-30 seconds. He was then slammed face down on to the floor, handcuffed and legs tied. Despite Jesse 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 came into the house with his police dog and pulled it up on its leash and hind legs, and forced Arthur Lewis Sr. down hall and Jesse 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. Immediately thereafter, the deputies discovered that Arthur Jr. was dead.

The decedent was a veteran of the U.S. Navy and worked in the pharmaceutical industry. He was employed by Unilab for four years as a phlebotomist prior to death. He was survived by his parents, Arthur Lewis Sr. and Jesse Lewis and minor children, Arthur Lewis III and Nathaniel Cameron Lewis.

PLAINTIFF'S CONTENTIONS: The plaintiffs contended that the deputies used unnecessary, unreasonable and excessive force while handling a Welfare 5150 call at the home of plaintiffs.
 
DEFENDANT'S CONTENTIONS: The defendants contended that the deputies did not use unreasonable force.

JURY TRIAL: Length, 10 days; Deliberation, two days

RESULT: $5,500,000 gross verdict to plaintiffs ($1.6 million to Arthur Lewis III; $1.6 million to Nathaniel Lewis; $750,000 to Arthur Lewis and $750,000 to Jesse Lewis).

OTHER INFORMATION: As a result of the trial, the jury found that each of the minor children of Arthur Jr. should be awarded $2 million reduced to $1.6 million based upon a finding that Arthur Jr. was 20 percent comparatively at fault. The family disagrees with the comparative negligence finding but is glad to finally have some level of closure in this matter. The jury furthermore found that Arthur Sr. and Jesse Lewis were each entitled to $750,000 for the emotional distress of being forced to watch the events concerning their son in their living room.
 
Two unsuccessful mediations were held. The first mediation was held several years ago at JAMS with the defendant making a $20,000 offer. A second six-hour pre-trial mediation was held at Judicate West in January 2009 with all parties agreeing to a single lump sum settlement of $475,000, which was subsequently rejected in closed session by the Riverside Board of Supervisors.
 
The information contained in this case report was provided solely by plaintiff's counsel. Defense counsel had objections but did not provide comments.