Two years ago, Tommy McClain was shot to death standing in his front yard posing no danger to anyone. The operation was commanded by Sgt. Brian Stephens. The cop who fired the fatal bullets was Officer Steven Linfoot. In the wake of this reckless killing, Eureka Police Chief Andy Mills vilified Tommy, and cop apologists immediately demonized Tommy for wearing baggy clothing and listening to hip hop music. Mills EPD never took responsibility for the killing. Instead, Stephens and Linfoot were promoted. The Examiner is hoping that truth about what happened that night will be fully revealed. Right now the public has only Mills very convenient version of events.
This all sounds like a bad movie but it’s just business as usual in Eureka. Eureka has never taken responsibility for deaths in police custody, even after multimillion dollar judgments in civil court!!! Well, the only real solution seems to be a complete change of culture around the City and the Police Department. How can that happen?
Maybe REMIF, the city’s insurance pool, will drop Eureka after Tommy’s family wins the lawsuit against EPD. REMIF (Redwood Empire Municipal Insurance Fund) http://www.remif.com/member-directory
If that happened, then Eureka would be forced to pay the civil judgments they will inevitably get slapped with out of the general fund. Believe us; a 2 million hit to the general fund during any given fiscal year will absolutely crush city government. Maybe, just maybe REMIF will dump Eureka and the City will be forced to either change dramatically, or go bankrupt. Maybe that’s what justice will have to look like in Eureka………………Time will tell…..
L A W O F F I C E S O F
D A L E K . G A L I P O
Contact: Dale K. Galipo, firstname.lastname@example.org, cell: (626) 807-9317, office: (818) 347-3333.
Federal Civil Lawsuit Alleges City of Eureka Police Shooting Was Unjustified
May 7, 2015, Jeanne Barragan and Lance McClain filed a lawsuit in federal court alleging wrongful death and civil rights violations arising out of the fatal shooting of their son, Thomas McClain. Thomas would have turned 23 last month.
On September 17, 2014, City of Eureka Police Department Officer Stephen Linfoot shot and killed Thomas McClain when Thomas was standing in his own front yard. Witnesses state that at the time of the shooting, Thomas McClain had his hands up and did not pose an immediate risk of death or serious bodily injury to any person.
The law does not permit police officers to use deadly force unless a reasonable officer would believe the person posed an immediate threat of death or serious bodily injury. In addition, if feasible, officers must give warnings before resorting to deadly force, and under a recent California Supreme Court decision, an officer’s unreasonable tactics leading up to a shooting are relevant to whether the shooting was lawful.
Jeanne Barragan and Lance McClain are represented in their civil rights lawsuit by The Law Offices of Dale K. Galipo. Some of Mr. Galipo’s recent civil rights verdicts include the following: a $4.6 million jury verdict in September 2011 for the family of Martin Cotton, who died after being beaten by City of Eureka police officers; a $5.7 million jury verdict for Robert Contreras, who was left a near-quadriplegic after being shot by LAPD officers; a $6.5 million jury verdict in April 2013 for the family of Douglas Zerby, who was shot and killed by Long Beach police while holding a garden hose nozzle that police claimed to have mistaken for a gun; a $7.8 million verdict in June 2014 for William Howard, an unarmed man who suffered a severe brain injury and partial paralysis after being shot in the face by a County of Riverside sheriff’s deputy; and an $8.8 million jury verdict in May 2013 for the family of LeJoy Grissom, who was killed in a parking lot by a Culver City police officer wielding an MP5 submachine gun. Mr. Galipo is currently handling approximately sixty officer-involved shooting cases throughout the state of California
From family member Ms. Nikki:
The weekend before Tommy died Josh’s brother Tommy’s cousin came to visit and we spent the weekend taking them to the redwoods and ocean. Tommy was so happy he spent money on his cousin buying them sweaters and just showing him a good time. He was proud of his job and got paid weekly. He was saving up to buy our car, but we were planning to give it to him.
Tommy was a protecting person of our two daughters. He baby sat for us whenever we needed. The girls loved Tommy so much, he had a way with kids and I looked up to him for it. The girls would always go to him about any questions. They would hug him when he got home from work. He was more like a uncle to them. Tommy never went out like a single young guy would he always stayed at home with us and was happy just doing family stuff for the night. We miss him so much. Anything we did as a family Tommy was there and we did it better with him. It’s not the same without him here. Our home has a hole in it.