Sylvia Mahach-Watkins v. Larry Depee

I. Background

CHP Officer Larry Depee shot and killed John Watkins during a struggle on the night of December 9, 2003. Watkins was unemployed and had a long history of schizophrenia, accompanied by drug and alcohol abuse. He survived on Social Security payments and support from his mother.

In its order denying defendants’ motion for summary judg- ment on the § 1983 and wrongful death claims, the district court wrote:

The parties essentially agree that, Watkins, a forty-year old American Yurok Indian man, was rid- ing his bicycle down U.S. Highway 101 southbound in the northbound lane. Defendant Depee observed 1828 MAHACH-WATKINS v. DEPEE Watkins and saw that he was riding his bicycle with- out any lights. Depee tried to initiate a traffic stop of Watkins twice that evening but could not do so because Watkins rode away before defendant could position his patrol car for the stop.

Later that evening, Depee saw Watkins a third time, riding southbound on the sidewalk next to the northbound lane of Highway 101. The parties agree that Depee parked his patrol car directly in front of Watkins. Plaintiff claims that Watkins collided with the patrol car and fell from his…