SAN FRANCISCO - Napa County and Napa County Sheriff's Deputy Gregg Lee face a mound of accusations in federal court from the family of a man who was shot to death by Lee in April 2020, though prosecutors have cleared Lee of any wrongdoing.
Brandan Nylander fit the description of a man and vehicle responsible for a robbery that had occurred at a Napa Walmart. Deputy Lee saw Nylander driving on SR-29 about 20 minutes after the robbery, and a pursuit ensued.
Nylander then stopped on a driveway off Airport Road in front of a cyclone fence. He then allegedly opened his door and exited the vehicle holding a shotgun.
The lawsuit says that Nylander never pointed the gun at Lee; instead, he moved it upward into a vertical position, raised his arms and turned his back to the deputy. Lee then fired his pistol four times, hitting Nylander twice and killing him less than 10 seconds after he had exited his vehicle with the intent to surrender, the lawsuit says.
Nylander's surviving grandmother, aunt and uncle charge the defendants with excessive force, substantive due process, municipal liability in ratification and failure to train, unconstitutional custom or policy, battery, negligence and wrongful death.
The plaintiffs ask for a jury trial to determine damages deemed appropriate. They are represented by Joseph A. Welch.