2015

In custody death due to alleged positional asphyxia resulting from several officers dog-piling on top of a prone suspect.

The City of Madison and its insurance company have agreed to pay $2.3 million to settle the civil rights claims of the family of Paul Heenan, the thirty-year old musician and recording engineer who was shot and killed by Madison Police Officer Stephen Heimsness, on November 9, 2012, after he mistook a neighbor’s Baldwin Street house for the one he had moved into a week earlier, prompting a 911 call.

Plaintiff was arrested for a homicide in 2006, underwent two jury trials, was convicted and served 7 years of a life sentence before one of the perps of the original crime was picked up by the feds. He gave a proffer statement which led to a re-investigation of the homicide by the feds and one lamplighter LEO, where it was discovered that 2 police reports containing exculpatory information for Plaintiff and INCULPATING the true killer were removed from the homicide file. After motion for new trial, prosecutor dismissed in 2014.

A 77-year-old retired psychologist with no criminal record, 5 feet 2 inches tall, 140 pounds, was falsely arrested, and injured by jail guards during book-in after expressing annoyance and confusion when denied access to his attorney’s phone number. One guard grabbed plaintiff’s left arm; a larger guard lunged suddenly from a side room, grabbed plaintiff’s arm and pulled it behind plaintiff’s back and upward, and slammed his left forearm behind plaintiff’s neck. This arm-bar maneuver caused a massive full-thickness rotator cuff tear of plaintiff’s right shoulder.

Officer Joshua Henninger took out his department issued Freeze +P chemical irritant and gave a burst directly into Plaintiff’s eyes. Plaintiff and his brother later approached Officer Henninger, and Plaintiff said he wanted Officer Henninger’s badge number. Officer Heidi Eisenbeis and Officer Luis Realivasquez subsequently took Plaintiff to the ground, by jumping on Plaintiff from behind, pushing Plaintiff face first into a city bench on the sidewalk, and kneeing Plaintiff in the ribs at least twice.

Jail deputies assaulted deceased causing bi-lateral jaw fracture. Plaintiff died 7 days later of cardiac arrest. Expert could not relate death to the assault.

Plaintiff was a mentally ill man whose mother called the police during a psychotic episode. Officers knew of his condition, that he may have a knife, and possibly suicidal. Several minutes passed and the man calmed down, sitting in a chair in the middle of a cul-de-sac. Upon arrival, officers immediately approached him and he stood up, with hands (and knife) down by his side completely still. The officer fired 4 rounds striking him once in the abdomen. P survived. Non-shooting officer lied in sworn statement and shooting officer echoed lie to initial backups.

Plaintiff, an African American 50 year-old, was sitting in his vehicle when approached by police about an open alcohol container in a parking lot. Plaintiff denied knowing anything about it and refused to allow a search of his vehicle. Plaintiff was placed in a chokehold and arrested. Toxicology revealed no alcohol in his system. Defendants City of San Leandro and Officer Michael Olivera settled prior to filing any motions.

Plaintiffs were unlawfully stopped by Defendant Sgt. James Lee and Officer Sangwoo Lee. Defendants falsely stated that Plaintiffs' headlamps were not operative, but it was broad daylight. Defendants arrested Plaintiff Arion Anthony alleging that he possessed a gravity knife, but it was a common folding knife.

Plaintiff Arion Anthony received $26,500 for 12 hours in custody pre-arraignment. Plaintiff Karry Calderon received $1,000 for 1 hour roadside detention.