Lawsuit against deputy accused of throwing diabetic man to ground will continue

A federal judge said a lawsuit brought by a diabetic man who says a sheriff’s deputy threw him to the ground may proceed.SAN DIEGO (CN) — A federal judge on Monday handed a partial victory to a man who claims in an excessive force lawsuit he was violently detained by San Diego County sheriff’s deputies while suffering from a medical issue.David Beck, 59, of Chula Vista, California, filed a lawsuit against San Diego County, the sheriff’s office and its deputies after he was thrown to the ground by a man, known only in the complaint as Deputy Thompson, while experiencing a diabetic episode on Nov. 25, 2024. Beck, who was also charged with resisting arrest, says the incident separated his shoulder and caused him long-lasting physical, emotional and economic harm.U.S. District Judge Thomas Whelan denied in part and granted in part San Diego County’s motion to dismiss several of Beck’s claims.In his ruling, Whelan, a Bill Clinton appointee, described Thompson’s decision to throw Beck to the ground and handcuff him, despite being aware of his condition, as unreasonable.However, Whelan granted the county’s motion to dismiss Beck’s Monell claim, which holds the government liable for policies that deprive people of their rights. In his complaint, Beck says the county failed to train its deputies on how to properly handle a person who is experiencing a diabetic episode, but the judge ruled he did not sufficiently show sheriff’s deputies are likely to encounter people suffering from a diabetic episode and then use excessive force against them.Whelan also granted the county’s motion to dismiss Beck’s claim of intentional infliction of emotional distress.“Here, though the complaint alleges outrageous conduct committed with the intent of inflicting physical harm, there are no facts that show Deputy Thompson’s decision to throw Beck to the ground and forcefully handcuff him was committed with the purpose of inflicting emotional distress,” Whelan said.However, the judge provided Beck leave to amend his complaint.Additionally, the judge denied the county’s motion to dismiss Beck’s claims the sheriff’s office violated the Americans with Disabilities Act and the Rehabilitation Act. Beck’s complaint sufficiently claimed that Deputy Thompson was on notice of Beck’s disability, because he saw the glucose monitor on his arm and because Beck’s girlfriend told him over the phone that he was experiencing a diabetic episode.In his complaint, Beck says he was driving home from work when he began to go into diabetic shock. Beck pulled to the side of the road while on the phone with his girlfriend, who called first responders and told them he was experiencing a diabetic episode.Beck says Thompson arrived on scene, ordered him out of his truck. Beck then attempted to get back in his truck when the deputy threw him to the ground and handcuffed him.“Deputy Thompson had no reason to think that Mr. Beck had committed any crime or that he posed any threat to Deputy Thompson or anyone else at the time,” Beck says in the complaint.Paramedics arrived shortly after and provided first aid to Beck. After he contacted the deputy’s supervisor, they were told Beck tried to swing on the responding deputy and tried to drive away. When asked to see the body-worn camera footage, they were told they would have to subpoena it.The District Attorney’s office declined to prosecute Beck’s resisting arrest charge.Beck brings additional claims against the sheriff’s office, including excessive force, unlawful arrest, assault, negligence, false imprisonment and a violation of the Bane Act.Despite the pain in his shoulder, Beck says that he still plays drums in dozens of shows in the San Diego music scene and works a physical job servicing swimming pools.Neither Beck’s attorney nor San Diego County responded to requests for comment on Monday.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads