Trial Magazine

A city of Kent police officer was conducting a routine patrol after midnight. He entered a gas station, where he saw a Honda Accord with two occupants inside, including driver Giovann Joseph-McDade, 20. The officer ran the vehicle’s license plate and discovered that the car had an expired registration. He activated his overhead lights, prompting Joseph-McDade to pull into a parking space. When Joseph-McDade exited the vehicle, the officer ordered him to get back into his car. The officer then requested backup over the police radio.

Once back in his vehicle, Joseph-McDade drove out of the parking lot, prompting pursuit by the first officer and another officer who came to assist. Joseph-McDade pulled into a residential cul de sac, and the officers attempted to box in his car. When Joseph-McDade backed up over the sidewalk, one of the officers fired two shots at him, killing him. Joseph-McDade is survived by his parents.

His mother, individually and on behalf of his estate, sued the city of Kent, alleging violation of Joseph-McDade’s Fourth Amendment rights and state law claims of negligence, outrage, and wrongful death. The plaintiffs asserted that the officers were not in danger when they shot Joseph-McDade and that a reasonable officer would not have reasonably perceived that he or she was in danger.

The defendant argued that Joseph-McDade’s constitutional rights were not violated.

The parties settled for $4.4 million.

Citation: Joseph v. City of Kent, No. 2:20-cv-00771-BJR (W.D. Wash. Mar. 9, 2021).

Plaintiff counsel: Craig Sims and AAJ member Kaitlin T. Wright, both of Seattle; and Patricia Bosmans, Puyallup, Wash.