OAKLAND, Calif. (CN) – Napa must face wrongful-death claims after a man was shot in the back of the head while unarmed and possibly handcuffed, a federal judge ruled. Police officers had responded to the home of Richard Poccia on Nov. 28, 2010, when the 60-year-old nurse was in a state of mental health distress, his family claims. Though Poccia told police on the phone that he would come out of his house unarmed, Napa escalated the situation by launching a “full-scale SWAT action,” according to the complaint from his widow, Samanda Dorger, and daughter, Gabrielle Poccia. Officers allegedly shouted conflicting directions while pointing their guns at 60-year-old nurse. After Officer Brad Baker stunned Poccia with a Taser gun, Officer Nick Dalessi shot Poccia at close range in the back of the head with an assault rifle, according to the complaint. One witness allegedly says that Dalessi fired after Poccia was already in handcuffs. Sgt. Amy Hunter had assured Poccia that if he came out of his house, officers could make sure he was all right and he would not be arrested, according to the complaint. Poccia agreed to come out of the house unarmed with no jacket on and his shirt tucked in to demonstrate that he did not have a weapon. U.S. District Judge Yvonne Gonzalez-Rogers refused to dismiss a Monell claim against Napa on Friday. The doctrine takes its name from Monell v. NYC Department of Social Services, a 1978 Supreme Court case that first established local government accountability for unconstitutional acts. Though Napa claims that the complaint insufficiently alleges a policy or longstanding custom that would give rise to Monell liability, Rogers concluded otherwise. The second amended complaint notes “a policy of failing to engage mental health workers in [...]
