City of Pleasanton will pay $5.9 million and allows grieving Parents of mentally ill man killed by Pleasanton Police to meet with the PPD Chief to discuss and implement policy changes.

OAKLAND, Calif., Aug. 10, 2021 /PRNewswire/ -- The City of Pleasanton has settled the wrongful death case of John and Rose Bauer v. City of Pleasanton, et al for $5.9 million, one of the largest settlements of its kind in the greater San Francisco Bay Area. The settlement is unusual in that it includes important non-monetary elements designed to help implement meaningful changes to policing policies regarding the treatment of the mentally ill. A mandatory listening session between the Chief of Police and the Bauers is an important element of the settlement as the Bauer's demanded further policy changes at PPD as a settlement condition. 

In 2018, Jacob Bauer was a 38-year-old man residing with his parents, Plaintiffs John, and Rose Bauer. During the last year of Jacob's life, he spiraled into a mental health crisis. Plaintiffs notified the Pleasanton Police Department ("PPD") of Jacob's condition four times and expressed their concerns to PPD that Jacob would be hurt or killed if he encountered police officers, as two other mentally ill individuals had been killed by PPD in the two years prior.

Three days after Plaintiffs last pleaded with PPD for help, PPD officers responded to a call for a person acting erratically and talking to himself at Raley's grocery store. That person was Jacob Bauer. Officers who responded to the scene were told that Jacob had broken some bottles and was either crazy or on drugs. The officers contacted Jacob Bauer outside the store. Jacob was cooperative, identified himself and answered their questions. 

Jacob seemed to shut down and stopped responding and just stared blankly into the distance. Within seconds, the officers decided to unlawfully handcuff him. Jacob asked the officers what they were doing and asked if he was free to go. Officers took Jacob to the ground then proceeded to tase him, punch him, and pile on top of him while he lay in the prone position. Additional officers arrived on the scene and soon piled on top of Jacob. As many as 8 officers escalated the force used against Jacob as he started screaming and uttering delusional statements. Officers claimed Jacob was resisting arrest and can be heard repeatedly saying "stop resisting". Ultimately, Jacob was tased by two different officers, punched, kicked, hit with a baton, handcuffed, and restrained in a full body wrap with a spit mask. A fully restrained Jacob Bauer repeatedly told officers, "you're suffocating me" and "I can't breathe" –– to which officers dismissively replied, "No, you can breathe, that's why you're yelling still." Seconds later, Jacob began to turn blue. Paramedics arrived and gave Jacob a sedative. Jacob became unresponsive, yet it was several minutes before any of the dozen or so professionals on scene realized Jacob had stopped breathing. Officers were standing around talking about an ice cream social as Jacob died. This asphyxiation was every bit as serious as George Floyd's but done by many different police officers.

Suit was filed on behalf of Jacob's parents for his wrongful death and violation of his constitutional rights. Plaintiff's police practices experts strongly criticized the excessive force and excessive restraints used on Jacob Bauer and the total lack of use of de-escalation techniques when officers were dealing with someone who was clearly mentally ill. They further criticized the lack of supervision of the scene by supervising command officers present on site and the failure of the PPD to hold any officer accountable or find any violation of policy in the death of Jacob Bauer. 

"What happened to Jacob Bauer was an outrageous tragedy that never should have occurred had PPD followed good police practices and training. Nothing can fill the void that Jacob's loss has created for his parents, John and Rose, but we hope this settlement and the policy changes that result from it will help prevent other parents from going through such unimaginable loss,"  said Jayme Walker, Esq. a Partner with the Gwilliam firm.

PPD tried to throw the case out without a jury trial, but Judge Laurel Beeler of the Northern District of California ruled that a jury should decide whether Jacob was unlawfully handcuffed and whether police used excessive force that resulted in Jacob's death. The City of Pleasanton decided it was best to settle.

"Viewing the hours of police body cam footage from this case has left a lasting and disgusting impression on me. The treatment of the mentally ill by police across the country and by PPD in particular, must be changed and justice must be had for Jacob Bauer and his family" said Gary Gwilliam, Esq. of Gwilliam Ivary Chiosso Cavalli & Brewer, attorneys for the Bauer family.

Since the death of his son, John Bauer has repeatedly called for police reforms and help for families of mentally ill people at Pleasanton City Council meetings. "An important part of this settlement is our ability to meet directly with the Pleasanton Chief of Police to discuss and see implemented critically needed policy changes which help support the mentally ill when they encounter PPD," said John Bauer.

Rose Bauer said, "No parent should ever have to live with the visions of the violent death of their child. Jacob lost his life over a few broken bottles at a grocery store. I hope this settlement creates real changes to stop police from using excessive force against the mentally ill."

John and Rose Bauer are represented by J. Gary Gwilliam and Jayme L. Walker of Gwilliam Ivary Chiosso Cavalli & Brewer and Michael Cardozo of the Cardozo Law Offices.

Contact: J. Gary Gwilliam [email protected] or Jayme Walker [email protected] (510) 832-5411

SOURCE Gwilliam Ivary Chiosso Cavalli & Brewer