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Verdicts & Settlements: Civil Rights

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Negligent shooting of citizen in mental health crisis

August 22, 2019

Daniel Covarrubias, 37, had a history of mental illness. After suffering delusions, he was treated at a hospital and released. Soon after, he went to a nearby lumberyard, where an employee called 911 to report the presence of a man running around the premises. Covarrubias climbed up one of the lumber racks, where he appeared scared and agitated. When police officers arrived on the scene, employees told them that Covarrubias was acting in a bizarre and delusional manner but that they did not feel threatened by him.

An officer approached Covarrubias, raised a firearm, and told him not to jump. After getting no response, the officer went to his car to obtain a rifle. He returned with another officer, and the two aimed their weapons at Covarrubias, who took cover behind a stack of wood. He took his hands out of his pockets, holding his cell phone, and was immediately shot. He was then handcuffed, frisked for weapons, and placed on the ground before being transferred to a hospital, where he died the next day. He is survived by his parents and seven children, three of whom were minors.

Covarrubias’s estate and children sued the city and several of the police officers, alleging violation of 42 U.S.C. §1983, intentional and negligent infliction of emotional distress, general negligence, negligent training and supervision, and violation of the Americans with Disabilities Act.

The parties settled for $500,000.

Citation: Covarrubias v. City of Lakewood, No. 3:18-cv-05317-BHS (W.D. Wash. Dec. 2018).

Plaintiff counsel: Gabriel Galanda, Ryan Dreveskracht, and Bree Black Horse, all of Seattle.

Plaintiff expert: Scott DeFoe, police practices, Huntington Beach, Calif.