Vol. 55 No. 9

Trial Magazine

Verdicts & Settlements

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Improper Training of Sheriff's Deputies

September 2019

Chad Irwin, 41, had an argument with his wife, Allison Irwin, after which he left the couple’s home. Concerned for her husband, who had been struggling with depression, Allison called 911. Two Sacramento County sheriff’s ­deputies arrived at the Irwin home, where Allison apprised them of the situation, including the fact that Chad had been drinking before he left. Chad returned home approximately 10 minutes later and, with a small knife in his hand, took a few steps toward one of the deputies after allegedly telling them that if he ran toward them, he expected them to shoot him. One of the deputies fired 11 shots, killing Chad. He had worked in a family business earning approximately $90,000 annually and is survived by his wife and their two minor children.

Allison Irwin sued the county and the two deputies. The plaintiff asserted that the county had failed to train its deputies to use nonlethal methods when dealing with suicidal members of the public. The plaintiff also claimed that the ­officers had failed to take any steps to plan for the encounter with Chad before he returned home.

The defense maintained that Chad was 100% responsible for his death and that his actions posed a deadly threat to the deputies.

The parties settled before trial for $7 million.

Citation: Irwin v. Cnty. of Sacramento, No. 34-2017-00210093 (Cal. Super. Ct. Sacramento Cnty. Jan. 11, 2019).

Plaintiff counsel: AAJ members Roger A. Dreyer, Anton J. Babich, and Anthony J. Garilli, all of Sacramento, Calif.

Plaintiff expert: Carol Hyland, life care planning, Lafayette, Calif. Defense expert: Robert Fonzi, police practices, Los Angeles.