Settlement Amount:
$550,000

Case Name:
DENNIS HAMPTON AND SUNYO HAMPTON v.
CITY OF SAN DIEGO, et al.

Case Number:
San Diego Superior Court, No. 652716

Plaintiff:
Dennis Hampton And Sunyo Hampton

Defendants:
City Of San Diego, et al.

Facts and Background:
On January 17, 1992, 16-year old John Hampton began acting in a
bizarre manner while at a friends’s home. The police were called
and two officers responded, defendant Kyle Kelley, who was a
cadet in training, and defendant Paul Libassi, a six-year
veteran. The officers encountered Hampton in the front yard,
clothed only in his underwear. Hampton, who was 5’7", 140 pounds,
and unarmed, was chased into the backyard where he was tackled by
Libassi. Hampton kicked one of the officers in the chest and
failed to respond to baton strikes. Libassi then directed Kelley
to apply a carotid neck restraint hold on Hampton, who was face
down on the ground. Kelley, although trained at the academy, had
never applied the hold in the field. He maintained the hold on
Hampton for a period of four to five minutes, during which time
four other officers arrived and handcuffed Hampton. After Kelley
released the hold, Hampton became unresponsive and later died.

The results of an autopsy determined that the cause of death was
cerebral hypoxia from the application of the carotid hold. It was
learned in the course of discovery that in 1988, following the
death of a man on whom the carotid hold had been used, a Task
Force was created to study the continued use of the hold. At that
time, the City of San Diego agreed to a Task Force recommendation
against the application of the hold for more than thirty seconds
because irreversible brain damage or death could occur.

Plaintiffs Contention:
The San Diego Police Department was negligent in training its
officers in the use of the carotid hold and that defendant
Libassi negligently permitted an unqualified cadet to apply the
hold. Plaintiffs contended further that excessive force was used
to restrain the decedent.

Defendants Contention:
Defendant Kelley was properly trained, that the hold was properly
applied, and that decedent died as a result of LSD ingestion.

Damages:
Wrongful death of 16-year-old son survived by his parents.
Specials were nominal.