Trial Magazine

Johnathan Rose, 24, suffered from mental disabilities. He lived with his parents and adult siblings, who helped care for him. His family had recently moved from Placer County, Calif., to Sacramento County, resulting in Rose seeing a new doctor. His first visit to the new doctor was stressful, and when he returned home that afternoon, he was upset and agitated and refused to eat or take his medication. Rose’s father called 911 for help, as he had on several previous occasions in Placer County, where police had helped defuse the situation.

After his father placed the call, Rose calmed down and took his medication. By the time Sacramento County Sheriff’s Deputy David McEntire arrived more than 30 minutes later, Rose had fallen asleep on a mattress on the floor. When McEntire entered the house, he woke up Rose, who got to his feet and placed his hands behind his head, saying something like, “Just take me to jail.”

McEntire ordered Rose to the ground, and when he failed to comply, McEntire allegedly threw him into a wall and hit him on the head with a large metal ­flashlight. Both men fell onto the mattress, and Rose wrestled with the deputy. Rose’s father intervened by restraining Rose from behind. McEntire drew his pistol and fired three shots at Rose at ­point-blank range, striking him in the chest area. Rose died in his ­mother’s arms.

Rose’s parents, individually and on behalf of his estate, sued McEntire under 42 U.S.C. §1983, alleging, among other claims, that McEntire had used excessive, deadly force without justification when Rose posed no immediate threat. The plaintiffs also alleged common law battery. Rose’s father, the only other eyewitness, died the night before he was scheduled to testify.

McEntire denied using excessive force and argued that as they struggled on the mattress, Rose, who weighed more than 200 pounds, had landed multiple punches to McEntire’s face. He said he had feared for his life. Photos of McEntire allegedly showed no damage to his face.

The jury found for the plaintiffs on the excessive force and battery claims and awarded $6.5 million, including $2.5 million to Rose’s mother for past and future loss of love and companionship, $2 million to Rose’s father for those same damages in the past, and $2 million on behalf of Rose on the excessive force claim.

The defendants have filed motions for a new trial or judgment as a matter of law. The defense has also moved to strike the award of noneconomic damages to Rose’s father.

Citation: Rose v. Sacramento, No. 2:13-cv-01339 (E.D. Cal. Sept. 27, 2017).

Plaintiff counsel: AAJ members Moseley C. Collins III and John J. Kinney III, both of Sacramento, Calif.; Dale K. Galipo, Woodland Hills, Calif.; and Stewart Lee Katz, also of Sacramento.