Mendoza

The City of West Covina and West Covina Police Officer Enrique Macias appeal from the judgment entered after a jury found that Macias caused the wrongful death of David Mendoza through the unconstitutional use of excessive force while Mendoza was in custody at a hospital. We reject appellants’ contentions that Macias was entitled to qualified immunity for his conduct; the jury’s verdict was excessive; and an inadvertent instructional error was prejudicial. We therefore affirm the judgment.

FACTS AND PROCEDURAL HISTORY

David Mendoza, 42, died of asphyxiation on March 17, 2007, while in police custody in the emergency room of Citrus Valley Medical Center, after *706 he was first repeatedly “Tasered” and punched by West Covina Police Officer Enrique Macias, and then pinned to the ground and handcuffed by Macias and three other West Covina police officers. Mendoza’s sons, David, Jr., and Irvin, sued the city and Macias for wrongful death, alleging that Macias used excessive force in violation of their father’s constitutional rights. 1 A jury awarded respondents $750,000 each for the wrongful death of their father, but determined that Mendoza was 30 percent at fault in the…