$775,000 Settlement for Parents of Student Injured During Incident with Police Deputy
$775,000 Settlement for Parents of Student Injured During Incident with Police Deputy
The parents of a Texas high school student have settled their suit against Deputy Dandy McMillan and others for $775,000. The suit raised state and federal claims after the student suffered a brain injury due to a fall following McMillan’s use of a taser on him. The parties settled on or about August 26, 2014.
Noe Niňo de Rivera, a student at a Bastrop County (“County”) high school in Texas, reportedly broke up a fight between two girls at the school on November 20, 2013. McMillan and Timothy Stalcup—two Bastrup County Sheriff’s Deputies also working as School Resource Officers—arrived at the scene after the fight had ended. According to Noe’s parents, Noe stepped back after being instructed to, hands in the air, and McMillon used a taser on him. Noe fell, striking his head on the floor, and was next handcuffed while unconscious. After an alleged delay, he was subsequently air lifted to a hospital, where he underwent surgery for a serious brain hemorrhage and was placed into a medically induced coma.
That same year, Noe’s parents filed suit in the United States District Court for the Western District of Texas against McMillon, the County and the Bastrop County Independent School District (“School District”). The plaintiffs argued federal and state excessive force claims against McMillon and a state claim of the School District’s responsibility for McMillon’s excessive force. The plaintiffs also asserted that the County’s and the School District’s deliberate indifference to McMillon’s conduct violated Noe’s Fourth and Fourteenth Amendment rights. The suit sought compensatory damages, attorney’s fees and other relief.
According to statements by county officials, right after the tasing, the deputies had attempted to break up the fight and Noe had acted aggressively. However, a hallway video contradicted these statements. Based on the video, the fight was over by the time deputies arrived and Noe appeared to be backing away when he had been tased. At some point after the suit was filed, Stalcup testified that once he arrived, he placed his hand on Noe’s chest and told him to “get back,” and that Noe slapped Stalcup’s hand away and stood in “a fighting stance.” McMillon stated that Noe had refused to put his hands behind his back when instructed to do so, and when McMillon had attempted to wrestle him down and handcuff him, Noe “broke loose.” McMillon then said that Noe appeared that he would fight when Stalcup had his baton out, and McMillon, thinking as attack on Stalcup “was imminent,” used his taser on Noe.
The parties subsequently settled, with the County solely paying the sum to the plaintiffs. The plaintiffs were represented by Adam Loewy of the Loewy Law Firm, P.C. See: Acosta v. McMillon, U.S.D.C. (W. D. TX), Case No. 1:13-cv-01016-55.
Additional Source: American-Statesman
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Related legal case
Acosta v. McMillon
| Year | 2014 |
|---|---|
| Cite | U.S.D.C. (W. D. TX), Case No. 1:13-cv-01016-55 |
| Level | District Court |
| Conclusion | Settlement |
| Damages | 775,000 |