Devonte Stephenson v. State of California
5:21-cv-00526
C.D. Cal.Jan 2, 2025Background
- Plaintiffs are the surviving sons of Leroy Stephenson, who died following an encounter with California Highway Patrol (CHP) officers.
- Stephenson was reported as a pedestrian on a freeway, creating traffic hazards. CHP officers Norem, McKee, and others responded; Stephenson was eventually restrained in a prone position, handcuffed, and pinned down by several men, including civilians.
- Officer McKee arrived after Stephenson was handcuffed and, for about 18 seconds, restrained Stephenson’s legs while Norem maintained pressure on Stephenson's back.
- Stephenson died; the medical examiner ruled the cause of death as acute methamphetamine intoxication, with cardiovascular disease and physical confrontation with law enforcement as significant factors; the death was classified as a homicide.
- Plaintiffs sued for wrongful death, negligence, Fourth Amendment excessive force, and Fourteenth Amendment loss of familial association, among other claims.
- Defendant McKee moved for summary judgment, asserting qualified immunity and disputing liability on all remaining claims against him.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Fourth Amendment: Excessive Force | McKee’s participation in prone, weighted restraint was excessive and deadly force. | McKee’s use of force was minimal and reasonable; legs only. | Motion denied; triable issue; no qualified immunity. |
| Fourth Amendment: Failure to Intervene | McKee had duty and opportunity to intervene in Norem’s use of excessive force. | No realistic opportunity to intervene; scene was still in flux. | Motion denied; triable issue; no qualified immunity. |
| Fourth Amendment: Integral Participant | McKee was an integral participant in plan to restrain Stephenson. | No evidence of “common plan”; did not facilitate unconstitutional act. | Motion denied; triable issue; no qualified immunity. |
| Fourteenth Amendment: Loss of Familial Assoc. | McKee’s conduct was deliberately indifferent and shocks the conscience. | "Purpose to harm" standard applies; qualified immunity bars claim. | Motion granted for McKee; qualified immunity applies. |
| Wrongful Death (CA) | Stephenson’s death was caused by defendants’ wrongful acts. | McKee's actions were reasonable under circumstances. | Motion denied; triable issue for jury. |
| Negligence (use of force/failure to intervene) | Unreasonable force and failure to intervene was negligent under CA law. | Conduct was reasonable and claims not properly pled. | Motion denied in part (use of force, failure to intervene); granted in part (other negligence bases). |
Key Cases Cited
- Graham v. Connor, 490 U.S. 386 (objective reasonableness governs excessive force claims)
- Drummond v. City of Anaheim, 343 F.3d 1052 (body compression on a prone, handcuffed suspect can be excessive force)
- Blankenhorn v. City of Orange, 485 F.3d 463 (integral participation theory in § 1983 actions)
- Boyd v. Benton County, 374 F.3d 773 (integral participation and group liability in § 1983 claims)
- Harlow v. Fitzgerald, 457 U.S. 800 (qualified immunity standard)
- Cnty. of Sacramento v. Lewis, 523 U.S. 833 (Fourteenth Amendment’s “shocks the conscience” standard)
- Farmer v. Brennan, 511 U.S. 825 (deliberate indifference standard)
- Ladd v. Cnty. of San Mateo, 12 Cal.4th 913 (elements of negligence claim under CA law)
- Hayes v. Cnty. of San Diego, 57 Cal.4th 622 (tactical decisions leading up to use of force can support negligence)