ON Christmas night in 2013, 19-year-old Asa James Dolak was having a domestic dispute with his ex-girlfriend, who is also the mother of his two-year-old son. The dispute ended with Dolak attacking his girlfriend with a knife and setting her apartment on fire, while their two-year old son was still inside. Firefighters were able to rescue the toddler, who suffered smoke inhalation.
Dolak then called his mother and threatened her, later setting her house on fire at dawn. He threatened to kill police officers if they go after him. A few hours later, the police found Dolak’s car. An extensive search for Dolak ensued and about early afternoon on December 26th, officers were tipped off that Dolak was seen at a nearby high school, apparently bleeding and armed with a knife.
When police officers arrived at the high school, Dolak ran to a nearby sports field. Officers pursued him and fired several shots at him as he was running away. Various news outlets reported that eight shots hit Dolak and seven of the entry wounds went from back to front. Bullets struck him on the hip, head and arm and entered from the right side. Dolak died from his injuries. A witness to the shooting said that Dolak did not confront the officers.
Dolak’s family reported that Dolak suffered from undiagnosed mental illness, that Dolak had “dramatic highs and lows,” was prescribed medication, and that he was “miswired since he was a little boy.” Dolak’s family members, the guardians of his son, filed suit against the city of Torrance, accusing the police of using excessive use of force in violation of Dolak’s civil rights, resulting in his wrongful death. The family argued that Dolak was running from the police when he was shot, and he did not pose any immediate threat to them.
However, the police argued that Dolak was given repeated orders to stop and drop the knife, but he did not. The officers believed that Dolak posed a threat to construction workers and local residents (the school was not in session during the incident but the school was under construction). Police claimed they acted reasonably and should not be held liable for his death.
The case was tried before a jury. The jury awarded Dolak’s family $6 million in non-economic damages, finding that two of the four officers involved in the shooting were negligent. However, the jury found the police only 15% liable for Dolak’s death and that Dolak himself was 85% liable for his own death. Thus, the family’s award was reduced to $900,000.
The Fourth Amendment of the U.S. Constitution guarantees a person’s right to be free from unreasonable use of excessive force by law enforcement officers. Cases decided under a Fourth Amendment claim affirm this guarantee. The police owes a duty to use reasonable care in deciding to use and in using deadly force. The “reasonableness” standard simply asks: Are the officers’ actions “objectively reasonable” in light of the circumstances confronting them?
A police officer, therefore, may use deadly force only if he has a reasonable belief there is an immediate risk that the person being detained will cause death or serious bodily harm. However, an officer who uses excessive force in making a lawful arrest or detention commits a battery.
The heirs of persons who died as a result of an officer’s excessive use of force in violation of their civil rights may be entitled to recover monetary damages for loss of financial support, medical and funeral expenses, and for the loss of love, companionship, care, assistance, protection, affection, and moral support that the decedent provided during his/her lifetime. The heirs may also be entitled to punitive and exemplary damages, prejudgment interest, and reasonable attorneys’ fees and costs.
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The Law Offices of C. Joe Sayas, Jr. welcomes inquiries about this topic. All inquiries are confidential and at no-cost. You can contact the office at (818) 291-0088 or visit www.joesayaslaw.com.
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C. Joe Sayas, Jr., Esq. is an experienced trial attorney who has successfully obtained significant recoveries for thousands of employees and consumers. He is named Top Labor & Employment Attorney in California by the Daily Journal, consistently Aselected as Super Lawyer by the Los Angeles Magazine, and is a member of the Million Dollar-Advocates Forum.
