'We want to see actions': Family of man who drowned in Tempe Town Lake files lawsuit against city
The family of a man who drowned in Tempe Town Lake during an encounter with police in 2022 filed a lawsuit against the city of Tempe on Friday.
The lawsuit comes a year after Sean Bickings, who was 34, drowned at the lake as Tempe police officers watched from a bridge and did not step in to help him.
The incident put police water safety protocols into question after body camera footage and audio transcripts released last summer showed Bickings pleading officers for help as they stood by and told him they were "not jumping in" after him. Weeks after the drowning, the Tempe Police Department's union stated officers do not have water-rescue training and lack equipment to perform water rescues without putting the officer at risk.
Bickings' family filed a notice of claim seeking a sum of $3 million against the city in December and ultimately filed a lawsuit "because the city of Tempe hasn't done any changes," said Benjamin Taylor, Bickings' family attorney. "There's been a lot of lip service. We want to see actions."
Months after Bickings' drowning, Tempe announced they would better equip officers for water rescues and add rescue devices to the city's lakes.
The Tempe Police Department also promised to provide enough personal floatation devices for all their units to carry along with training on the use of the new equipment. Before the drowning, outside of CPR, there was no water-related rescue training at the Tempe Police Department.
Despite criticism of the Tempe police response, the Tempe Officers Association said they stood by the officers’ decision to stay out of the water because the rescue represented a high risk of drowning for the officers, the association announced days after the drowning.
According to Taylor, the city has not yet implemented new water safety measures.
"They made all these promises, and we want them to follow through," Taylor said. "It's been one year, what is the City of Tempe waiting for?"
Nikki Ripley, spokesperson with the city of Tempe, said it is the city's policy not to provide comment on active litigation, but she exlpained the city has plans to start implementing water safety devices in early June and that Tempe officers have received training in how to use water rescue throw bags, "which has led to seven individuals being rescued since August," Ripley said.
Ripley said Tempe's operating budget proposal for the upcoming fiscal year, which starts in August, includes a park ranger program which, if approved, would provide patrols for city parks and lakes. Ripley did not specify if park rangers would be trained in water rescue and if they would be able to assist in drowning situations.
Ripley also said the city's plan to implement floatation rings at Tempe Town Lake and Kiwanis Park is "on track" as it is expected to start in June after the city "waited for product delivery and hardware modifications," Ripley said.
The lawsuit is filed against the city of Tempe, Tempe Police Chief Jeffrey Glover, Tempe Fire Chief Greg Ruiz and the three responding officers: Bryan Berman, Kelly Bennett and Jeffrey Gebbie. The lawsuit accuses them of negligence and wrongful death and asks for a "full and fair" compensation for Bickings' family, which would include funeral and burial expenses and punitive damages, among other things.
'The family is still grieving'
Bickings' death was followed by outpour of support from the community and from local activists, who called out police negligence and deemed the officers' actions as "indifferent" and "insensitive." Taylor said with the lawsuit, Bickings family also wants to point out the "lack of caring" that officers showed during the incident.
"The family is still grieving, they're still hurt," Taylor said. "The body camera clearly shows how this officer did not care about Sean Bickings' life. Anybody who watched the (footage) could feel heartbroken when Sean started begging for his life and the officers pretty much said they weren't doing anything."
Taylor said officers need to have better training to prevent another drowning in the lake. The lawsuit claims the city had "extensive prior notice and knowledge of the dangerousness of and risk of drowning in the Tempe Town Lake" and it said Bickings' death was "avoidable."
"Anybody can walk along (Tempe Town Lake) today, and it's still the same as it was last year, the lake hasn't changed," Taylor said. "If officers had life-preserving devices, Sean Bickings could be alive today."
This article originally appeared on Arizona Republic: Family of man who drowned in Tempe files lawsuit against city
