Fresno files appeal, fighting $4.7 million award to family of man killed by police
The city of Fresno has filed an appeal against a federal jury verdict that awarded $4.7 million to the family of a man shot and killed by a Fresno police officer.
City officials declined to comment Friday, but one of the lawyers representing the family called the city’s appeal a desperate attempt to reverse the March 6 jury verdict.
The family of Casimero “Shane” Casillas sued the city over his death, alleging Fresno police Officer Trevor Shipman violated Casillas’ civil rights by using excessive force when he confronted him on Sept. 7, 2015. The jury deliberated for two days before returning a verdict in favor of the family.
Attorney Bill Schmidt of Fresno, one of the Casillas family’s lawyers, said not only did the city lose the trial but its request for a new trial was recently rejected.
In its motion for a new trial, the city argued several errors took place during the five-day jury trial in U.S. District Court, including juror misconduct, excessive damages awarded to the family and the failure to give proper jury instructions.
On July 3, U.S. District Court Judge Anthony Ishii denied all of the city’s claims.
Now, the city is appealing the verdict in the civil case and Ishii’s denial for a new trial. It has hired lawyer Scott Davenport of Manning & Kass, Ellrod, Ramirez in Los Angeles to represent the city before the United States Court of Appeals for the Ninth Circuit.
“The jury got it right, the judge got it right and this is just a Hail Mary on the part of the city,” Schmidt said. “The appeal is going to get denied.”
Schmidt said until the appeals process is complete, the Casillas family can’t collect the judgment. And it’s creating a hardship for the family. Casillas was married with five children.
“This has absolutely put them in a financial bind,” Schmidt said. “The money was given as support for his five children and it is being withheld as long as this process goes on.”
Schmidt also intends to file a motion with the court requiring the city to file a bond of more than $6 million to protect the judgment while the appeal is pending.
This story was originally published July 26, 2019 at 4:07 PM.
