Rains Lucia Stern St. Phalle & Silver

California's premier full-service law firm with an emphasis on the representation of peace officers in disciplinary, criminal, labor, workers' compensation, personal injury and other civil matters.

  • About Us
  • Practice Areas
    • Labor Representation
    • Civil Litigation
    • Personal Injury
      • Example of Case Results
    • Workers’ Compensation
    • Maritime Law
    • Estate Planning
    • DOE Security Clearance Hearings
    • Peace Officers
    • Firefighters
    • EMS Agency Investigations
    • Criminal Defense
    • CalPERS Appeals
  • Our Team
  • Classes
  • Media
    • Bulletins
    • RLS in the News
  • Resources
    • Links
    • Resources
    • Newsletters
  • Clients
  • Career Opportunities
  • Contact Us
  • Disclaimer

K. S. v. Bay Area Rapid Transit (BART), et al.

July 27, 2017 by Hien Nguyen

Attorneys:
Joseph R. Lucia

Eustace de Saint Phalle


Case Type:
Wrongful Death



Injury Type:
Wrongful Death



Result:
$3,100,000

Facts & Allegations
On January 21, 2014, Bay Area Rapid Transit (BART) Detective Sergeant S. and a group of BART detectives and officers took part in a probation search of a residence located in the City of Dublin, California. Detective S. led this search as part of an investigation of a suspect who committed multiple armed robberies and burglaries on BART-owned property.

After the entry team performed a “knock notice”, they determined the door was unlocked and verbally announced a probation search was underway. Detective S. was the first to enter the residence, leading the search team. Upon entering, Detective S. traveled left whereas Defendant Detective Maes, the second to enter, continued forward. As the detective unit was clearing rooms of the residence, there was no verbal communication with Detective S. and the other officers were unaware of his location.

Defendant Maes stopped and positioned himself in front of the threshold of a bedroom doorway, where he claimed to have observed a shadowy figure with a raised gun emerge from the closet. With no verbal order or warning, Defendant Maes fired a single round from his gun. This shadowy figure that Defendant Maes shot and killed was actually Detective S.

Plaintiff K.S. alleged that BART not only failed to provide proper training on building and probation searches for her husband, Detective S., and other BART detectives, but that it had repeatedly denied her husband’s requests for training his detective unit. Plaintiff further alleged that Defendant Maes’ shooting of Detective S. was excessive and unreasonable use of deadly force. Further, based on forensic evidence, Defendant S.’s gun was not pointed at Detective Maes. Defendants contended that Detective S. and the other BART PD personnel did have the necessary training and that Detective S. voluntarily took command of the search without gaining voluntary compliance from a resident.

BART agreed to settle for $3,100,000 to Plaintiff K.S. and her minor daughter. Further, BART agreed to revise existing training policies in order to allow officers more training and for an improved process of requesting and providing training when deemed necessary.

Filed Under: Case Results Tagged With: eustace-de-saint-phalle, joseph-r-lucia

Consultation Form

Offices across California to serve you.
Contact us now to schedule a consultation.
Contact form not loading? Click here!
Rains Lucia Stern St. Phalle & Silver, PC publishes this website as a service to our clients and other friends for informational purposes only. It is not intended to be used as a substitute for specific legal advice or opinions, and the transmission of information through this website is not intended to create an attorney-client relationship between sender and receiver. Internet subscribers and online readers should not act upon this information without seeking professional counsel.

© 2023 Rains Lucia Stern St. Phalle & Silver, PC. All Rights Reserved. | Disclaimer

We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept”, you consent to the use of ALL the cookies.
Do not sell my personal information.
Cookie settingsACCEPTREJECT
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT
  • Contact Us

  • News Alerts

Official logo for Rains Lucia Stern St. Phalle & Silver
Rains Lucia Stern St. Phalle & Silver Logo
  • About Us
  • Practice Areas
    ▼
    • Labor Representation
    • Civil Litigation
    • Personal Injury
      ▼
      • Example of Case Results
    • Workers’ Compensation
    • Maritime Law
    • Estate Planning
    • DOE Security Clearance Hearings
    • Peace Officers
    • Firefighters
    • EMS Agency Investigations
    • Criminal Defense
    • CalPERS Appeals
  • Our Team
  • Classes
  • Media
    ▼
    • Bulletins
    • RLS in the News
  • Resources
    ▼
    • Links
    • Resources
    • Newsletters
  • Clients
  • Career Opportunities
  • Contact Us
  • Disclaimer
Hotline phone numbers. Northern California: 925-609-1699. Southern California: 310-393-1486.