The county is appealing a $5.2 million judgment for a man who was shot by a deputy after his girlfriend said he was suicidal.
In February 2013, Deputy Curtis Greenman went to the home of Michael Schuoler, where his girlfriend said she believed Schuoler was suicidal, according to a January 2014 court complaint. Greenman and a second deputy, Robert Fiore, left the home and located Schuoler sleeping inside his vehicle, covered by a blanket.
Greenman stood on the passenger side of the vehicle with his gun drawn, while Fiore was positioned on the driverβs side holding his flashlight, court documents show.
The deputies told Schuoler to take his hands from under the blanket, which he did, before putting them back under the blanket. He pulled his right hand out and reached up to the left side of his throat, holding what Fiore believed was a knife, according to the complaint.
βUpon seeing this, Fiori yelled βknife,β and then took his flashlight and banged it hard on the driverβs side window trying to break it,β the complaint says.
As soon as Fiori yelled βknife,β Greenman fired his gun, hitting Schuoler in the abdominal area after he had superficially cut his throat.
βAt the time he was shot, the plaintiff had not committed any crime and was not a danger to anyone except himself,β the complaint says.
After the shooting, Schuoler underwent several surgeries, endured repeated and lengthy hospital stays and developed severe permanent mental and medical problems associated with his injuries. As a result, heβs physically unable to care for himself or work and is in constant pain, according to the complaint.
In the lawsuit, Schuoler alleged negligence, assault and battery by Greenman, intentional and negligent infliction of emotional distress and negligent hiring, supervision and training.
The case was split into two parts, liability and damages. After an October 2015 trial for the liability portion, a jury found in favor of the battery claim, saying the use of force by Greenman was not justified.
In January, Schuolerβs attorneys submitted an offer of judgment to the county, saying Schuoler would dismiss the suit for $2.7 million.
The offer was rejected. Nine months later, Pima County Superior Court Judge Sarah Simmons awarded damages of nearly twice the proposed settlement amount.
The Pima County Board of Supervisors voted 5-0 on Tuesday to appeal Simmonsβ Oct. 7 ruling.
Chief Deputy Pima County Attorney Amelia Cramer has previously said that the office does not comment on pending or ongoing civil cases.
