Layfield & Wallace file Wrongful Death Suit against San Diego’s Sheriff Department

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Layfield & Wallace team up with local counsel in alledged wrongful shooting death of unarmed man

Philip Layfield and Daniel DeSantis of Layfield & Wallace, APC and Steve Lucero and Elizabeth Tresp of the Lucero Law Firm have joined forces and filed suit against the San Diego Sheriff’s Department on March 13th, 2015, in the matter of Charles Napier, Donna Napier, and Gabriel Napier v. San Diego County, San Diego County Sheriff’s Department, William Gore, Brandon Boisseranc and Nicholas Danza, Case Number 15-cv-0581-CAB-KSC.

According to court documents, on January 31st, 2014, Michael Napier was working on his bicycle in his parent’s garage located in a residential neighborhood in Vista, California. Officer Brandon Boisseranc and Officer Nicholas Danza approached the Decedent to allegedly serve an arrest warrant. The officers asked the Decedent to raise both of his hands in the air and step out of the garage. According to court documents, while attempting to comply with the officer’s orders, Decedent was unprovokingly shot at by Officers Boisseranc and Danza with 15 rounds of ammunition. After shooting the Decedent multiple times in the torso area, the Officers proceeded to drag the Decedent’s limp body and handcuff him outside the garage to “make sure” he was detained. Decedent died soon thereafter. Michael Napier is survived by his parents, Charles and Donna Napier, and two infant children, Gabriel and Dylan Napier.

Plaintiffs alleged the Sheriff’s department acted in violation of Michael Napier’s civil rights. The causes of action alleged include excessive force, municipal liability and failure to train and supervise, and in accordance with state law they also contend battery, intentional infliction of emotional distress, and wrongful death. They are asking for $15 million in damages.

Layfield & Wallace has substantial experience pursuing civil rights violations against police agencies in California. Most recently, Layfield & Wallace co-counseled a case with former O.J. Simpson attorney Carl Douglas for a wrongful shooting death case against the City of Colton, which settled in 2014 (case number 5:13-cv-01330 PSG AJW.)

Philip Layfield, lead trial counsel and Layfield & Wallace Managing Partner, stated, “I am honored to be working on this case with Mr. Lucero and his team on behalf of the victim’s relatives. Through dedication and persistence, we will seek justice for our clients.”

Our trial division is comprised of skilled associates, paralegals, legal analysts, medical doctors, and investigators. Our trial division appears in courtrooms all over the country and handles approximately one jury trial every single month. In fact, we try more cases than 99% of all plaintiff law firms. The insurance companies know this and the defense lawyers understand the risks of going to trial against Layfield & Wallace. The reality is that Layfield & Wallace has the ability to obtain eight figure jury verdicts where most firms might lose the case.

If you believe you or a loved one has been involved in a personal injury or business litigation case, please contact Layfield & Wallace. With multiple locations in Southern California and beyond, we can be reached at 949-202-5511 or visit the firm website at


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Laura Formisano
Layfield & Wallace
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