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Case of the Month December 2018

Fatal Police Shooting Settles for $7M

DiPiazza v. Bailey

Case Type:
Civil Rights - Law Enforcement
Civil Rights - Excessive Force
Civil Rights - Gunshot
Wrongful Death - Adult

Specific Liability:
Adult female shot 11 times by police

General Injury:
Death

Jurisdiction:
State: Wisconsin
Court: United States District Court, W.D. Wisconsin.

Related Court Documents:
First Amended Complaint: 2016 WL 7660516
Verdict form: 2017 WL 4961899
Verdict form: 2017 WL 4961902
Judgment 2017 WL 4961901

Case Name:
DiPiazza, Estate of v. Police Office Bailey; Police Office Pihlaja; Police Officer Leerek

Docket/File Number:
3:16CV00060

Result Amount:
$7,000,000

Result Date:
July 13, 2017

Judge:
William M. Conley

Attorneys:
Plaintiff: Jeff Scott Olson, The Jeff Scott Olson Law Firm S.C., Madison, WI
Plaintiff: Andrea J. Farrell, The Jeff Scott Olson Law Firm S.C., Madison, WI
Defendant: Amanda J. Kaiser, Boardman & Clark L.L.P., Madison, WI
Defendant:Kathryn A. Harrell, Boardman & Clark L.L.P., Madison, WI

Result Type:
Jury

Experts:
Plaintiff: Not reported
Defendant: Not reported

Breakdown of Award:
Total Compensatory Award: $4,000,000
Punitive Damages: $3,000,000

Summary of Facts:
This wrongful death action was brought when Ashley DiPiazza, an adult female, died as a result of being shot 11 times in her apartment by Madison Police Officers Justin Bailey and Gary Pihlaja when they responded, with defendant police officer Carey Leerek, to a call from her boyfriend that she was having a mental crisis in their apartment, was armed with a handgun and was threatening suicide. The plaintiff estate contended that defendants Bailey and Pihlaja failed to position themselves where they would have effective cover, failed to use a ballistic shield, and used force that was unreasonable since the defendants opened fire as the decedent was pointing the handgun at her own head. It also contended that defendant police officer Leerek was speaking with the defendant through the closed bedroom door to persuade her to exit the room but failed to persuade the other defendants not to use deadly force. The defendants denied the allegations. They contended the decedent's actions were not consistent with surrendering and she failed to follow their instructions to drop the handgun. The jury determined defendants Bailey and Pihlaja used objectively unreasonable force but defendant Leerek did not have a realistic opportunity to stop the other defendants from using unreasonable force. The plaintiff estate was awarded $1.5 million in punitive damages from defendant Bailey and from defendant Pihlaja.

Court: United States District Court, W.D. Wisconsin.

Westlaw Citation:
2017 WL 10505353