The case involves the Dec. 7, 2005 shooting deaths of Rashad Laron Morris Williams, and Christian Dante Foster, both aged 22, shot to death by homeowner Shannon Edmonds as they fled from his home.
Late last month, in a hearing on a motion to dismiss the case which was brought by the county and Clearlake, Judge William Alsup ruled that he would dismiss the case against the two jurisdictions.
Williams' mother, Sheila Burton, and grandmother, Minnie Burton, and Foster's parents, Sherrill and Howard Foster, filed the suit last October in the U.S. District Court for the Northern District of California.
It names Edmonds and his girlfriend, Lori Tyler, the city of Clearlake and the county of Lake, as well as 100 unnamed defendants or “Does” believed to have been employees of the Clearlake Police Department and Lake County Sheriff's Office at the time.
The suit alleged that local officials were responsible for Williams' and Foster's death because they allowed Edmonds and Tyler “unlawfully to sell recreational drugs, to possess firearms, to use minors in unlawful sale of recreational drugs, and for failing to protect persons such as Christian and Rashad.”
The families also alleged that Edmonds, who is white, is a racist and that the shootings of the young black men were racially motivated. The suit alleges that the shootings occurred following a fight.
The result, the families' suit alleged, was that the young men's civil rights were violated.
They also allege that Edmonds and Tyler were targets “in several, earlier robbery attempts” designed to steal their cache of marijuana and other drugs – which the suit suggests included methamphetamine – and that they failed to take steps to deter the robbery attempts, and local officials “failed to force the couple to stop illegal activities.”
"It's essentially a wrongful death case,” said Mark Hazelwood of the San Francisco firm Low, Ball and Lynch, who is one of the attorneys representing the city of Clearlake. The county had separate counsel, he said.
Russell A. Robinson, a San Francisco attorney representing the Burtons and Fosters, said the suit did not seek a specific amount in damages, which would be determined by what they can prove in court.
Types of damages listed in the suit by the families include hospital, medical and funeral expenses; loss of care, comfort and solace; loss of economic support; loss of life and pain and suffering.
Alsup's dismissal required Robinson to file a motion within 14 days to amend the lawsuit, said Hazelwood, time which has since run out.
Alsup wrote that the plaintiffs' allegations of inaction on the part of law enforcement officials weren't sufficient to prove the case. The allegations “are far too remote” to attribute the deaths to the city and county, he explained.
“There is no allegation that Edmonds was in any way acting as an agent of the city or county or that the city or county implemented any policy that contributed even in part to the shootings. Plaintiffs’ conclusory allegations are not enough,” said Alsup.
“We just don't see that there's a viable claim against the city, and that seemed to be what the judge was saying,” said Hazelwood.
Robinson told Lake County News he did not plan to amend the current complaint because he didn't feel it would be proper to do so given the wording of the judge's order. Robinson said the judge's instruction would have required him to state that the police or deputies were on scene that night before the shootings took place.
“That just wasn't the way it happened,” he said.
However, Robinson said he believes there was a relationship between the city and Edmonds, and he said he has evidence to support that belief.
The case against Edmonds and Tyler is still moving forward, said Robinson, with a trial set to begin in federal court in September of 2009.
Last week, 23-year-old Renato Hughes, Williams' and Foster's friend who allegedly was with them that night, went on trial in Contra Costa County for their deaths.
Hughes is being tried under the provocative act theory, which holds a person responsible for a death if they are alleged to be involved in an illegal act that could result in a lethal response, such as a shooting.
Robinson said the criminal and civil cases are both related factually, and he plans to watch Hughes' trial closely.
“We're keenly interested in the evidence as it develops,” he said.
He said he is considering filing an appeal of Alsup's decision to dismiss the case against the city and county, adding that has time to do that and it may not happen for a year.
Hazelwood said he intends to move for entry of judgment, which would start the clock running on the appeal's timing.
E-mail Elizabeth Larson at
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