SACRAMENTO - Darlene Ruiz, individually and as co-successor-in-interest for Trevor R. Seever, deceased, filed a federal complaint on October 22 in the Eastern District of California against the City of Modesto, its police department, former chief Galen Carroll and former officer Joseph Lamantia.
According to the complaint, Seever was living with his mother Darlene Ruiz, his step-father and his sister at the time of his death. On Dec. 29, 2020, Seever allegedly had become manic and irritated and left his home due to being mad at his mother.
Seever allegedly called his mother saying that “I’m coming over, and you guys need to leave the house and call 911," which his sister did. Multiple MPD officers responded to the scene, where they found Seever smoking marijuana on the grounds of a church until he fled on foot across the grounds, the suit says.
Officer Lamantia jumped out of his car and gave chase with his pistol drawn, although he was not being threatened and had seen no firearm, the suit says. The officer yelled for Seever to get on the ground, and to comply or that he would shoot, the suit says.
Officer Lamantia fired four shots from 170 feet, missing three while hitting Trevor once in the back, the suit says. The back wound was not lethal. Seever then got up to his knees and Officer Lamantia fired three more rounds while yelling commands, missing once, lacerating his liver with a second bullet and perforating his heart with a third, the suit says.
Seever had no weapon in his hands, the suit says, and he was rushed to the ER where he was pronounced dead.
Ruiz seeks general and compensatory damages, special damages, exemplary and punitive damages, cost of suit and attorney's fees. Ruiz is represented by Robert P. Fores.
U.S. District Court Eastern District of California case number 1:21-cv-01565-DAD-SKO