LOS ANGELES (Legal Newsline) – An officer involved in the fatal arrest of a Black man who chased a woman who claimed he was trying to kill her is on the hook for the entire $8 million verdict despite being found to be only 20% at fault.
Because his liability was based on the intentional tort of battery, Los Angeles County Sheriff’s Deputy David Aviles has been hit with the entire tab following the 2012 arrest of Darren Burley in Compton, Calif., the California Supreme Court has ruled.
Justice Ming Chin authored the Aug. 10 opinion, which held that California law did not provide for the reduction sought by Aviles.
The court heard oral arguments a week after the death of George Floyd in Minnesota. Similar to Floyd’s arrest, deputies used their knees to pin Burley face-down on pavement. Aviles pressed one of his knees near Burley’s neck but relented once he was cuffed.
Still, Burley had no pulse when paramedics arrived. Though they restarted his heart, Burley never regained consciousness and died 10 days later.
According to the ruling, Aviles and Steve Fernandez arrived after complaints Burley was beating a woman. Burley approached them in “slow, stiff, exaggerated robotic movements with his fists clenched at his sides and a blank stare on his face,” Justice Chin wrote.
Burley was foaming at the mouth, grunting and growling. The deputies suspected he might be under the influence of PCP.
A woman appeared, yelling that Burley had tried to kill her. Burley ran after her, and Fernandez knocked him off-balance.
Burley hit his head on a parked truck and landed face-down on the pavement. He resisted handcuffing and punched Aviles in the face several times.
A struggle went on until more deputies arrived. Three men held him down and used their Tasers on him. He continued to resist, leading to the deputies wrapping a nylon cord around Burley’s ankles. A witness said one of the deputies hit Burley in the head at least seven times with a flashlight while Burley gasped for air.
An autopsy said he died from a lack of oxygen following a cardiac arrest “due to status post-restraint maneuvers or behavior associated with cocaine, (PCP) and cannabinoids intake.”
Aviles’ use of his knee to pin Burley down resulted in a jury finding that he was liable for battery. It attributed 20% fault to Aviles, 40% to Burley and the remaining 40% to other deputies.
Despite the breakdown, the trial court declared Aviles responsible for the entire $8 million verdict because his liability was based on commission of an intentional tort (battery). It was reversed by the Court of Appeal, but the Supreme Court reinstated it.
“California principles of comparative fault have never required or authorized the reduction of an intentional tortfeasor’s liability based on the acts of others,” Justice Chin wrote.