Justice for Tommy McClain:
Federal Courthouse McKinleyville Monday 8:30am
Mom, Jeanne Barragan, and dad, Lance McClain, are bringing the Eureka Police to trial for the murder of their son, Tommy McClain. He was 22 years old when shot down by Eureka cops.
The trial begins Monday, Nov 14th at the federal courthouse in McKinleyville, CA.
Barragan et al v. City of Eureka et al 8:30am
United States Courthouse
3140 Boeing Avenue
McKinleyville, CA 95519
press release from Peoples’ Action for Rights and Community:
Please come as support for Tommy’s family in the courtroom. Make justice more likely. It’s a fully public trial. Show the police, with your presence, that we do not accept police terrorizing and murdering any of us.
Call PARC (Peoples’ Action for Rights and Community) if you want to rideshare to the trial which begins on Nov 14th. PARC’s number is 707.442.7465 We will be going every day of trial which is expected to last up to 7 days.
Civil Trial about Eureka Police Murdering Tommy McClain begins November 14th in the Federal Courthouse in McKinleyville (in Humboldt County), about 25 minutes north of Eureka.
That means lots of Humboldt people can go support Tommy’s family in the courtroom and show our opposition to police violence by being present in this public trial.
I don’t know if you remember, but on September 17, 2014 Eureka Police shot and killed 22 year-old Tommy McClain in cold blood in his front yard. Tommy was unarmed and posed no threat the night he was shot and killed, firing-squad-style, in front of his home. Witnesses say more than one officer shot him, but EPD officer Linfoot is the one who the system says fired the bullet that killed Tommy.The cops claim they thought Tommy had a gun. Tommy was just standing outside his own apartment when the police approached and murdered him. It’s my understanding that the next day, the cops went to the house, the family now in mourning for Tommy, and found a pellet gun inside. Suddenly, the cops claimed they had found a gun on Tommy when they shot him the day earlier, in cold blood.After that, Eureka Police Chief Andy Mills created a “Community Shooting Review Board.” This Board was the Eureka Chief’s public relations attempt to pacify public outrage, subvert any real community oversight and participation, and perpetuate the farce of independent investigation and transparency.More than 400 members of the public, including the McClain family, asked for a coroner’s inquest- a legally appropriate PUBLIC forum about the unexplained, sudden, and violent death of Eureka resident Tommy McClain. In an inquest, the public would be able to hear the (lying) cops and other witnesses tell what happened. But, the City, the District Attorney, and the County Coroner ignored this reasonable request for transparency.Now there is a civil wrongful death suit. Let’s be there to support Tommy’s family, and show the police that it is unacceptable for them to terrorize and kill us.
Press Release from Law Office Representing Tommy’s Family:
Federal Civil Lawsuit Alleges City of Eureka Police Shooting Was UnjustifiedMay 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.