SACRAMENTO, Calif. (CN) — Two California law enforcement officers will no longer face excessive force claims in a suit over the shooting death of a homeless man, though other portions of the case remain intact.
David Michael Bailey sued Stanislaus County, the city of Turlock and three officers over the death of his nephew Kevin Frey, arguing among other things that the officers used excessive force in the May 2024 shooting. Bailey claimed his nephew suffered from a mental illness and posed no immediate threat, and that officers had plenty of time to discuss how to disarm him of a knife and used excessive force when shooting him.
Senior U.S. District Judge John Mendez dismissed excessive force claims against sheriff’s deputies Rose and Garcia…