Tofte Et Al V. City Of Longview Et Al

Case Background

Brian Tofte and Cynthia Alderette, the Decedent Justin Lee Tofte’s parents, and Michael T. Smith, the personal representative of Justin Lee Tofte’s estate filed a civil rights lawsuit against the City of Longview police alleging excessive force and assault after Justin Lee was fatally shot after attempting to flee an arrest attempt.

The case was tried in the United States District Court, Washington Western (Tacoma). District Judge Tiffany M. Cartwright presided over this civil rights lawsuit. [Case number: 3:22cv5700]

Parties

The City of Longview is a political subdivision of Washington State. It includes various departments, such as the Longview Police Department (LPD), responsible for law enforcement within the city.

Robert Huhta served as the interim chief of the LPD and was responsible for overseeing Patrol, Detectives, and Special Units. He supervised decisions related to the officers involved in the incident. Huhta’s actions and inactions were linked to the officers’ behavior, as he condoned or ignored their actions and established practices.

Jordan Sanders and Matt Hartley were detectives with the LPD, acting within the scope of their employment during the incident. John Reeves, a sergeant with the LPD, was also acting within his employment duties.

Defendants John Does 1-10 are employees or agents of the LPD, acting within their employment scope. It is believed most of them are residents of Longview. These defendants were allegedly negligent and deliberately indifferent, either acting in line with or allowing the policies that led to the incident. Their identities will be determined as discovery progresses.

Brian Tofte, the decedent’s father, brings claims in his personal capacity. Cynthia Alderette, the decedent’s mother, also brings claims in her personal capacity. Michael T. Smith, the personal representative of Justin Lee Tofte’s estate, brings claims on behalf of the estate and its beneficiaries under both federal and state law.

Cause

Justin Lee Tofte, a certified construction worker, earned his forklift license in the summer of 2020. On October 2, 2020, while driving with his girlfriend, Justin parked outside a friend’s house and crossed the street toward a store. At approximately 1:25 p.m., officers Sanders and Hartley of the Longview Police Department (LPD) saw Justin. Believing he was armed and aware of an arrest warrant, they approached him. Sergeant Reeves, stationed nearby in an unmarked vehicle, communicated with the officers and prepared to assist.

As Justin walked toward the store, the officers made contact. Within 30 seconds, he fled on foot. He ran south on Oregon Way, turned east, and passed the Woodworkers Local 536 building. Less than a minute into the chase, Reeves informed dispatch of a “foot pursuit.” Justin continued running, then veered north through an alley while the officers pursued him. Sanders deployed his TASER, but it malfunctioned. Justin regained his footing and fled again.

As Justin ran, Sanders fired his firearm, hitting Justin in the back. Video footage captured a child reacting to the gunshot, diving into a nearby garage. The footage later showed Justin struggling to run while Sanders followed, gun drawn. Justin collapsed after running about two blocks. Medics arrived four minutes later and transported him to St. John Medical Center, where he died.

The coroner ruled Justin’s death a homicide. No video or witness accounts indicated Justin threatened or pointed a weapon at officers. Sanders had been involved in a previous fatal shooting of Christopher Johnson in 2019, where his reckless actions led to the death. LPD’s policies and practices, including inadequate training, contributed to the fatal encounter, which led to Justin’s wrongful death

Injury

The bullet wound caused significant bleeding, and Tofte was declared dead upon arrival at the hospital.

Damages

As a result of the Defendants’ negligence, Plaintiffs suffered harm, including loss of income, emotional distress, anxiety, humiliation, and pain. The Plaintiffs are entitled to damages, to be determined at trial. The jury could have awarded both compensatory and punitive damages.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Brian Tofte | Cynthia Alderette | Michael T Smith Personal Representative of the estate of Justin Lee Tofte
    • Counsel for Plaintiff(s): Mark E Lindquist | Ryan David Dreveskracht | Rachel Read Tobias
    • Experts for Plaintiff(s): Scott DeFoe | Stephen Buller
  • Defendant(s): City of Longview | Jordan Sanders |Robert Huhta Interim Chief of the Longview Police Department [Terminated: 09/23/2024] | Matt Hartley [Terminated: 09/23/2024] | John Reeves [Terminated: 09/23/2024] | John and Jane Does 1-10 [Terminated: 10/08/2024]
    • Counsel for Defendant(s): John E Justice | Michael Joseph Throgmorton

Claims

First Cause of Action: Negligence

All Defendants owed a duty to act as reasonable, prudent individuals. This duty included acting lawfully and carefully. At all relevant times, the Defendants acted within the scope of their employment. The City of Longview was responsible for the negligence of its officers.

The City of Longview and Chief Huhta had a duty to properly train officers in handling arrests without using excessive force. By failing to do so, they breached their duty.

As law enforcement agents, the Defendants neglected their responsibilities, failing to act as reasonable officers. The City of Longview and Chief Huhta were responsible for training and supervising these officers. They acted negligently by failing to adequately train or supervise them.

Second Cause of Action: Assault and Battery

Defendant Sanders intentionally shot Justin without his consent, attempting to harm him. Sanders fired three shots, with one causing injury and death. As a trained officer, Sanders knew the gun was a deadly weapon and fired with the intent to harm.

The City of Longview could have prevented this harm through proper care. Therefore, the City was liable for its negligence, which led to the assault and battery.

Third Cause of Action: 42 U.S.C. § 1983 – Excessive Force

The Defendants deprived Justin of his civil rights under the Fourth Amendment and 42 U.S.C. § 1983 by using excessive force and brutality.

The City of Longview and Chief Huhta were liable under Monell v. Department of Social Services for allowing unconstitutional acts through their policies, customs, and practices.

Fourth Cause of Action: 42 U.S.C. § 1983 – Deprivation of Familial Relationship

All Defendants deprived Brian Tofte and Cynthia Alderette of their civil rights under the Fourteenth Amendment and 42 U.S.C. § 1983. This deprivation affected their liberty interest in maintaining a familial relationship with Justin without due process.

They argued that Tofte had not dropped a gun but instead a cell phone. Therefore, they believed there was no justification for shooting Tofte while he fled. The estate’s case focused on allegations of both excessive force and assault.

Defense

The police argued that Sanders acted reasonably when he fired at Tofte. They emphasized that Sanders believed Tofte had a gun and that the situation was tense during the chase. The government also presented a “commission of a felony defense.” They argued that even if excessive force was used, the officers would be justified if Tofte was committing a felony at the time.

By the time of the trial, Defendants City of Longview and Jordan Sanders remained

Expert Testimony

The Plaintiff’s experts included Scott DeFoe, a police practices expert from Huntington Beach, CA, and Stephen Buller, a forensic video expert. Buller’s testimony focused on interpreting area surveillance footage that captured part of the chase but not the final shooting. The video showed Tofte picking up an item, which could have been either a phone or a gun. Buller discussed this aspect of the video in his testimony.

Jury Verdict

The case lasted five days. On October 29, 2024, the jury sided with the government on both the excessive force and assault charges. After clearing the police of liability, the jury did not address an additional charge related to the government’s “commission of a felony defense.” This defense questioned whether Tofte was committing a felony at the time of the incident. As a result, a judgment in favor of the police was entered.

Court Documents:

Documents are available for purchase upon request at jurimatic@exlitem.com