No Qualified Immunity For Police Officer In Wrongful Death Of Suspect.

A jury found a police officer caused the wrongful death of a suspect who died “through the unconstitutional use of excessive force” while in police custody at a hospital. The appellate court analyzed:  “Taken as a whole, the combined effect of [the] evidence supports a finding that Macias punched and tasered a non-resisting and compliant man that he knew was emotionally troubled and physically ill, and continued to do so when Mendoza did no more than flinch from the pain and cry for help.  It also shows that Macias was responsible for the restraint that caused Mendoza to asphyxiate.”  The court found such conduct violated a clearly established constitutional right, and the qualified immunity doctrine did not apply.  Mendoza v. City of West Covina  (Cal. App. Second Dist., Div. 8; May 30, 2012) 206 Cal.App.4th 702, [141 Cal.Rptr.3d 553].