Conso’s Lawsuit Claims Excessive Force During 2020 Protest Citing History of Incidences

Molly Conso filed a federal lawsuit against the county of Humboldt and the city of Eureka, claiming officers used excessive force when they shot her with non-lethal projectiles during a peaceful protest in May 2020.

The Case: Conso v. City of Eureka

The Court: United States District Court, Northern District of California

The Case No.: 21-cv-04480-RMI

The Plaintiff: Conso v. City of Eureka

During a protest of the murder of George Floyd on May 25, 2020, the plaintiff, Molly Conso, claims the officers' use of non-lethal projectiles constituted excessive force. Conso filed the lawsuit in June 2021, seeking unspecified damages for physical pain and emotional distress. The plaintiff claims she peacefully marched alongside other protestors marching arm-in-arm on May 31, 2020 when police officers suddenly (and without warning) shot pepper balls into the crowd. Conso claims the projectiles caused her to suffer injuries to the head, including a concussion, post-concussive syndrome, bruising, chemical burns, hearing impairment, and emotional distress. According to protestors on the scene, there was no warning or verbal demands to disperse.

The Defendant: Conso v. City of Eureka

EPD Capt. Brian Stephens, an officer on the scene, released a response after the incident in which he stated that throughout the day, amidst the protest, acts of vandalism were perpetrated, and upon identifying the instigator of the vandalism, the Sherriff's office moved to make an arrest. However, according to the officer, the crowd turned unruly when police took the suspect into custody. When the situation escalated to members of the crowd attempting to remove the suspect from police custody forcibly, police determined escalating circumstances and safety risks to officers on the scene constituted the use of pepper balls (projectiles filled with powdered pepper spray). The police opened fire on the crowd with paintball guns filled with non-lethal projectiles. The officer then described how officers stayed on the scene, attempting to de-escalate the situation and provide needed medical treatment.

Details of the Case: Conso v. City of Eureka

In regards to the claims of excessive force used by the County and City when an individual allegedly does not pose an imminent threat of harm during a pursuit, the plaintiff cited three cases that indicated a pattern:

1. During a 1997 protest, police officers reportedly "swabbed pepper spray in the eyes of eight activists practicing nonviolent resistance." The action was later allegedly found to constitute excessive force.

2. Another allegation of excessive force resulted in a wrongful death action where a man died in the custody of Eureka police officers. This claim was settled before trial.

3. The reported denial of qualified immunity for the sheriff and chief deputy sheriff was connected to a matter involving "repeated use of [pepper] spray" and "refusal to wash out the protestors' eyes" (constituted excessive force), which the sheriff and his chief deputy had explicitly authorized.

The court found that Plaintiff correctly pleaded her case against the Doe Defendants she claims unjustifiably struck her with projectiles during the allegedly peaceful public protest. But her attempts to include the City, the County, Chief Watson, and Sheriff Honsal in the case and project her case into other various molds were not well argued or well founded. Instead of pleading concrete factual assertions about training programs, supervisory practices, or municipal policies, practices, or customs, the plaintiff veers toward conclusory argumentative statements without including the necessary factual development. Both motions to dismiss were granted based on the lack of factual development in these areas. The City, the County, Sheriff Honsal, Chief Watson, and the Doe Defendants were dismissed from the lawsuit to the following extent: the case remains active only as to the Doe Defendants for Claims 1 and 2 (unreasonable search and seizure - excessive force and violation of the First Amendment). Claim 3 (municipal liability for unconstitutional customs or policies) is dismissed. Claim 4 remains active. Claim 5 (negligence) remains active only as to the Doe Defendants. Claim 6 (assault and battery) is dismissed. Claim 7 (violation of the Bane Act) remains active. And Claim 8 (intentional and negligent infliction of emotional distress) is dismissed.

If you have questions about how to file a California excessive force or wrongful death lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

Zero Motorcycles Settles Wage and Hour Claims with $425K Class Action Settlement

To resolve wage and hour claims that the company failed to provide workers with proper wages, Zero Motorcycles agreed to pay a $425,000 settlement.

The Case: Gutierrez v. Zero Motorcycles Inc.

The Court: Superior Court for the State of California, County of Santa Cruz

The Case No.: 19-CV-03725

The Plaintiff: Gutierrez v. Zero Motorcycles Inc.

The plaintiffs in the case are employees of Zero Motorcycles. According to the lawsuit, plaintiffs allege that the company violated California law by failing to calculate correct regular pay rates and forcing employees to perform off-the-clock work. Allegedly, these labor law violations resulted in the company paying their employees less than minimum wage and inaccurate overtime wages. The plaintiffs also claim that the company denied them rest and meal breaks, accurate itemized wage statements, separation wages, and related penalties (all of which constitute labor law violations).

The Defendant: Gutierrez v. Zero Motorcycles Inc.

The defendant in the case, Zero Motorcycles, manufactures and sells various motorcycles. The models they offer vary from street bikes to dual sport bikes. According to Zero Motorcycle's website, the California-based company specializes in high-performance electric technology. However, in the plaintiff's class action lawsuit, the company is accused of failing to pay its employees properly.

The Case: Gutierrez v. Zero Motorcycles Inc.

The wage-and-hour class action lawsuit, Gutierrez v. Zero Motorcycles Inc., listed several alleged labor law violations: paying their employees less than minimum wage, paying inaccurate overtime wages, denying employees their rest and meal breaks, failing to provide accurate itemized wage statements, failing to offer separation wages promptly, etc. The class action also included claims under California's Private Attorneys General Act (PAGA). Zero Motorcycles did not admit to any wrongdoing, but they did agree to pay the $425,000 settlement to resolve the alleged California labor law violations. The wage and hour settlement benefits those who worked for Zero Motorcycles in California between Dec. 16th, 2015, and June 13th, 2021. The settlement terms allow class members to collect a payment based on the number of workweeks they worked during the class period, so workers who completed a more significant number of workweeks during the class period will be eligible for a higher settlement payment. The proposed settlement agreement also includes a $30,000 payment to the California Labor & Workforce Development Agency for PAGA violations. The court scheduled a final approval hearing for the settlement for July 26th, 2022.

If you have questions about California employment law or need to file a wage and hour lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys can assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

Wrongful Death Lawsuit Filed Against Meta Platforms, Inc. and Snap, Inc After 17-Year Old Suicide

Donna Dawley filed a wrongful death lawsuit against the makers of popular social media giants Instagram, Snapchat, and Facebook after her son, Christopher Dawley, committed suicide at age 17.

The Case: Dawley v. Meta Platforms Inc.

The Court: U.S. District Court, Eastern District of Wisconsin

The Case No.: 2:22-CV-00444

Plaintiff in the Case: Dawley v. Meta Platforms Inc et al

The plaintiff in the case, Donna Dawley, filed a personal injury lawsuit against Meta Platforms, Inc. and Snap, Inc.("Defendants"), seeking monetary damages and other reliefs after her 17-year-old son's suicide. Dawley claims her son's death was caused by the Defendants' promotion of harmful content and that Instagram, Facebook, and Snapchat are created to be used by minors and actively marketed to children like her son throughout the U.S. In the lawsuit. Dawley also claimed that the defendants are aware of the large number of minors under 13 years of age who use their platforms despite rules, terms, and agreements they claim they put in place to restrict use by children under age 13. Additionally, Dawley alleges that the defendants actively encourage advertisers to create ads targeting teenagers and children under 13 years of age.

Defendant in the Case: Dawley v. Meta Platforms Inc et al

The defendants in the case face allegations that they knowingly designed and marketed social media products that were intentionally and dangerously addictive to minors despite the knowledge that the use of the products is known to cause mental and physical harm to minor social media users.

The Case: Dawley v. Meta Platforms Inc et al

In 2012 CJ joined Instagram, Snapchat, and Facebook. Over the next two years, CJ developed an addiction to social platforms, communicating at all hours of the night. His constant use of social media resulted in sleep deprivation, increased obsession with body image, etc. While CJ never showed outward signs of depression or mental depression, he went to his room on January 4, 2015, while his family was taking down Christmas decorations, texted his friend, posted on Facebook, and wrote a note to his family, and then shot himself (while holding his smartphone in his other hand). CJ's suicide led his parents, Chris and Donna Dawley, to sue some of the world's wealthiest, most powerful corporations. A risky, challenging, and potentially painful endeavor, the Dawleys seek to hold the companies responsible for exposing children to toxic products.

If you have questions about how to file a wrongful death lawsuit, don't hesitate to get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced wrongful death attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

$85 Million Settlement Follows Arrest in California Wrongful Death Lawsuit

In recent news, a California jury found that the San Diego County sheriff's deputies used excessive force in a 2015 incident.

The Case: K.J.P., a minor, and K.P.P., a minor, individually, by, and through their mother, LOAN THI MINH NGUYEN, who also sues individually and as successor in interest to her now deceased husband, Lucky Phounsy v. County of San Diego and Richard Fischer

The Court: U.S. District Court of Southern District of California

The Case No.: 15-cv-2692-H-MDD

The Plaintiff: K.J.P. and K.P.P. by and through Loan Thi Minh Nguyen v. County of San Diego and Richard Fischer

The plaintiff in the case is the family of Lucky Phounsy, a 32-year-old Santee, California resident who died after an April 13, 2015 encounter with the San Deigo Sheriff's Department and local deputies. Lucky's family claims he died because he was tased, beaten, and hogtied during the encounter. Amid a mental crisis during his son's 2nd birthday party, Phounsy called 911 to report unknown assailants were trying to harm him. The complaint argues that the Sheriff's deputies who responded to the call were confrontational, aggressive, and profane. When the deputies attempted to handcuff Phounsy, his family claims Phounsy became frightened and confused. Court documents also indicate that a taser was used on Phounsy. The situation escalated to an altercation leaving Phounsy hogtied. Phounsy was then strapped to a gurney tightly and placed into an ambulance while still hogtied. Former Sheriff's Deputy Richard Fischer rode with Phounsy to the hospital. During the drive, Fischer put a spit-sock over Phounsy's face and pushed down on his head and torso with all his strength until Phounsy went into cardiac arrest. The application of the split-sock prevented paramedics from giving Phounsy oxygen or monitoring his condition. Phounsy went into a coma before reaching the hospital, and after being treated in the local hospital for a few days, he died. The family filed a wrongful death lawsuit against the Sheriff's Department. The first trial in 2021 ended with a hung jury.

The Defendant: K.J.P. and K.P.P. by and through Loan Thi Minh Nguyen v. County of San Diego and Richard Fischer

Lucky's family filed a negligence and wrongful death lawsuit against the county and sheriffs. According to court documents, the two responding deputies called for backup units "while they were being assaulted and injured by Phounsy." According to the summary, the two deputies were both injured in the altercation (one of them severely). After the incident, the Sheriff's Department cleared the deputies involved of any wrongdoing and falsely claimed that Lucky Phounsy died of a drug overdose and extreme exertion.

Details of the Case: K.J.P. and K.P.P. by and through Loan Thi Minh Nguyen v. County of San Diego and Richard Fischer

While the defendant attempted to claim Phounsy died of a drug overdose and extreme exertion, toxicology reports contradict the claims proving Phounsy had no drugs in his system. The family filed a wrongful death lawsuit against the Sheriff's Department, but the first trial in 2021 ended with a hung jury. For the second trial, the plaintiff's counsel simplified the case and honed on the main defendant, former Sheriff's Deputy Richard Fischer (currently serving time in prison for sexually assaulting women during his patrols), and the lack of suitable training of the other deputies involved. The second trial resulted in the jury unanimously finding that Fischer's use of excessive force and the county's failure to provide proper training to deputies caused Phounsy's death. The jury found that the deputies used excessive force against Phounsy, weren't trained properly, violated Phounsy's civil rights, and were negligent in their duties -- all leading to Phounsy's wrongful death. On March 15, 2022, the federal jury awarded $85 million to Phounsy's family. The $85 million verdict is believed to be the largest in United States history for a wrongful death civil rights trial. The San Diego County Sheriff's Department later filed two post-trial motions in San Diego federal court - they seek to overturn the verdict. The county is expected to appeal the case further if necessary.

If you have questions about how to file a wrongful death lawsuit, please contact Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced wrongful death attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.