The family of a Ventura man who was fatally shot by Chico police and a security guard in 2017 is trying to bring back a lawsuit against the city.
Ted Sampsell-Jones is an attorney for the family of 34-year-old Tyler Rushing. During oral arguments held Tuesday in a federal appeals court, he told a three-judge panel that Rushing was unnecessarily killed by police officers who made a series of unreasonable decisions and used excessive force.
“This panel's task is simply to determine whether this case merits jury review. We submit that it does,” Sampsell-Jones said.
The case comes to the 9th U.S. Circuit Court of Appeals after a U.S. District Court judge in Sacramento ruled in favor of the city last year, closing the case before it could reach a jury.
A Chico police officer shot Rushing twice during a struggle inside the bathroom of a downtown title business following a standoff. Another officer later tased Rushing as he was lying on the floor. The family’s attorney contends the taser shot ultimately killed him. Rushing allegedly stabbed officers during the struggle with a broken piece of a toilet and a ballpoint pen.
The panel pointed to body camera video in the case. In questioning the city’s attorney, Judge Michelle Friedland said the video shows that officers aren’t sure Rushing is alive after being shot and falling to the ground.
“He's been still on the floor for a minute,” Friedland said. “I can't understand how you can think it's not at least a jury question whether the taser was used unnecessarily.”
Sharon Medellin, the city’s attorney, said the officer used the taser because he believed Rushing could still pose a threat to officers trying to handcuff him. She further contended the officer complied with department policy.
The case is pending a decision.
