Family of Stephon Clark files $20M lawsuit against Sacramento police in shooting death

The family of a man shot in a barrage of bullets fired by Sacramento police has filed a $20 million federal lawsuit, claiming officers racially profiled the victim in a case that's drawn national interest in the ongoing debate about excessive force.

Lawyers for the family of Stephon Clark say the officers failed to identify themselves as police before they abruptly began firing at Clark in his grandparents' backyard on March 18. Officers suggested in a preliminary investigation that they thought Clark had a gun, but he was only carrying a cellphone when he died.

"The involved officers . . . fired 20 shots striking (Clark) approximately eight times," according to the lawsuit, filed this week in the United States District Court for the Eastern District of California.

"The conduct of officers Terrence Mercadal and Jared Robinet was willful, wanton, malicious, and done with reckless disregard for the rights and safety" of Clark, the lawsuit alleges. It says the officers violated Clark's basic civil rights.

The Sacramento District Attorney's Office said in a statement that it is continuing its review of the case to see if criminal charges might apply.

"As always, our review will only address the question of whether the conduct of the two Sacramento Police officers constitutes a prosecutable crime under established California law," the statement said.

The California Attorney General’s Office has previously indicated it will also conduct an independent review of the incident.

The family of Clark, 22, had filed preliminary paperwork with the city in September, seeking more than $15 million in wrongful death damages, city officials reported at the time. The amount sought in the claims is more than a third of the size of the city’s $37 million parks budget.

But often, amounts initially sought in lawsuits are whittled down during legal negotiations and court proceedings.

Protests and peaceful rallies in Sacramento disrupted traffic, blocked access to NBA basketball games and interrupted a local city council meeting after Clark was shot. His death reignited the familiar frustration and anger after similar police shootings of black unarmed men.

One of the officers was black and the other was white; both were later placed on paid administrative leave, the New York Times reported.

The lawsuit filed this week alleges that Clark's family has greatly suffered throughout the ordeal.

Clark "suffered extreme mental and physical pain and suffering and eventually suffered a loss of life and earning capacity," the lawsuit says. "Plaintiffs have also been deprived of the life-long love, companionship, comfort, support, society, care, and sustenance of (Clark,) and will continue to be so deprived for the remainder of their natural lives."

Police had initially gone to Clark's grandparents' neighborhood to investigate a complaint about someone breaking car windows. A police helicopter guided the officers to Clark.

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In statements, the officers said Clark ran from them and, in darkness and confusion, they opened fire when one of them announced Clark had a gun, according to press accounts. They said they began shooting because they feared they were about to be shot.

The district attorney's office said this week that it has received "a voluminous investigative report and related materials" from the police department that it is reviewing.

"Two weeks ago, on January 16, 2019, we received further substantial investigative reports and related materials from the Attorney General’s Department of Justice investigators," the district attorney's office said on its web site. "Our timeline for completion of our review has thus been delayed as we process the supplemental materials. We will take whatever time is needed to ensure a fair, thorough, and accurate review of this matter."

This article originally appeared on USA TODAY: Family of Stephon Clark files $20M lawsuit against Sacramento police in shooting death