Monday, June 8, 2015

Daily Press: Filing outlines general elements of Dante Parker lawsuits

U.S.-District-Court

Mother is third to sue over in-custody death

By Shea Johnson
Staff Writer
Posted: Jun. 7, 2015 at 3:32 PM

RIVERSIDE — A joint report leading up to a Monday scheduling conference details the principal issues and more than two dozen key evidentiary elements in two federal cases that allege the wrongful death of Dante Parker.

Parker’s father, and Parker’s wife and children, filed separate lawsuits in December and January against the San Bernardino County Sheriff’s Department for the Aug. 12 incident, in which Parker died in custody.

A third suit, brought later by Parker’s mother, had no scheduling conference set as of Thursday. Officials acknowledged in the May 26 joint report that the Sheriff’s Department had yet to be served with it. The suit was shifted Wednesday to the purview of U.S. District Judge David T. Bristow, who is now overseeing all three cases.

The joint report, between attorneys for Parker’s family and the Sheriff’s Department, tells what attorneys will have to contend with and also what will likely be introduced as evidence in the coming months as the cases move forward.

Questions to be answered will include whether deputies were lawfully justified in stopping Parker; whether use of force was justified; whether the use of force was excessive; and whether he should have been hogtied.

Additionally, attorneys will argue whether his positioning played a role in his death; whether there was any delay by deputies in calling for medical services; and whether his ingestion of PCP, pre-existing medical conditions or any of his actions contributed to his death.

Parker, 36, of Victorville, was stunned by deputies as many as 27 times, according to the American Civil Liberties Union Foundation of Southern California. Authorities said he had been a suspect in a burglary and struggled with deputies.

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