Trial Magazine

During an altercation between Shaleem Tindle, 28, and Rayvell Newton, Tindle’s gun purportedly fell to the ground. Joseph Mateu, an officer with Bay Area Rapid Transit (BART), came up behind Tindle, yelling, “Show me your hands.” Tindle raised his left hand while on his knees but did not raise his right hand, which Newton was allegedly holding down. Mateu fired three shots into Tindle’s back. Tindle suffered fatal injuries. He is survived by his two minor children.

Tindle’s estate and children sued BART and Mateu, alleging wrongful death and use of excessive force in violation of the Fourth Amendment. Suit did not claim lost income.

The jury awarded approximately $5.37 million on the excessive force claim and approximately $1.9 million on the wrongful death claims, finding that Tindle was 68% responsible.

Citation: Tindle v. Mateu, No. 18-cv-05755-YGR (N.D. Cal. Mar. 11, 2020).

Plaintiff counsel: John Burris, Ben Nisenbaum, Lateef Gray, and Alejandra Ramirez, all of Oakland, Calif.

Plaintiff expert: Roger Clark, police practices, Santee, Calif.

Defense expert: Steve Papenfuhs, police practices, San Jose, Calif.