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February 9, 2012 in City
City wins civil suit over man’s suicide
Judge rules conduct by officers reasonable
A federal judge Wednesday ruled for the city of Spokane in a $4.7 million civil lawsuit brought by the family of a suicidal man who jumped off the Monroe Street Bridge following a botched rescue attempt by Spokane police officers.
Attorneys Breean Beggs and Jeffry Finer represented the father of 28-year-old Joshua Levy, who jumped to his death after all-night negotiations.
Police Chief Anne Kirkpatrick promised Levy’s family that officers wouldn’t use force.
However, those plans changed and just after 3 p.m. on July 27, 2007, three officers hid behind a large concrete pillar where Levy couldn’t see them. Negotiators persuaded Levy to step down from his perch onto the bridge portico to urinate when an officer fired his Taser. It missed. Levy then hopped back onto the ledge where he’d been perched for hours. When Levy, who had previously been diagnosed with paranoid schizophrenia and had survived earlier jumps, saw several officers running at him, he arose from his perch and jumped feet first off the bridge, landing on the rocks 130 feet below. His father watched nearby.
The legal case centered on a video that showed the location of Levy. Police attorneys, including Assistant City Attorney Rocky Treppiedi, argued that Levy was inside the portico on the bridge. Finer argued the video clearly showed Levy was not. Finer told U.S. District Court Judge Edward Shea on Tuesday that if Levy was in the portico, the family did not have a case.
“They did not have authority to take any aggressive actions unless he was inside the portico,” Finer said.
Shea sided Wednesday with the city’s arguments.
“Mr. Levy’s mental health issues and death are tragic,” Shea wrote. “However, the conduct by law enforcement was reasonable under the circumstances and did not constitute excessive force nor negligent infliction of emotional distress.”
1992 murder trial begins against sex offender 
lewis8457 on February 09 at 7:40 a.m.
Mr. Levy must not read the SR, no one can sue and win against the city and the police.
horse_feathers on February 09 at 9:09 a.m.
If he was inside the portico it was because the police after all those hours had built up some trust with him. Why they did not continue to play that hand is beyond common sense.
Oh well, just another dead person at the hands of SPD.
Get use to, it nothing seems to be changing.
liveinfearoftheSPD on February 09 at 10:04 a.m.
Sure they can Lewis, the cops have won millions in law suits against the city.
ChefGus/ John Olsen on February 09 at 10:26 a.m.
All Mr Levy needed was a competent Crisis Line Counselor who had a cheeseburger and a hug waiting for him. This was clearly a botched case… the chief was not present in my memory at any juncture…and the Mayor did not even know about it… sad case…John
The_Seer on February 09 at 10:35 a.m.
What I don’t understand is why police respond to suicide calls like this? Is it their job (and by extension, the state) to protect people from harming themselves? I thought laws were in place to protect people from harming others and that was the primary function of a modern state?
liveinfear: Bingo! Pay the man, Shirley!
BlueHealer on February 09 at 1:46 p.m.
And there’s that terrible Rocky Treppiedi, saving the taxpayers millions of dollars. Damn him anyway! He should be fired immediately!
Adelaide on February 09 at 6:44 p.m.
@The Seer - Yes, it is their ‘job’ to stop you from hurting yourself. Firefighters, EMTs, paramedics, nurses and doctors all have the same ‘job’, as in they are required to take action if you are at risk of hurting yourself or someone else.
mary1958 on February 09 at 7:57 p.m.
As a former negotiator for SPD I am appalled that they would use such an instrument on a suicidal person. I have to state my desire to see police officers that are newly hired have a Bachelors in psychology or social work with appropriate work history. What kind of incompetent would order this??? I don’t think police training is sufficient to handle such a person. The negotiator should talk the person into giving up their idea. Tasering would only be appropriate for a hostage situation where a bad guy has a knife to the hostage’s throat or something similar. If they were afraid that the man would grab them then they should KEEP FAR ENOUGH AWAY FROM HIM!! I cannot see how this suit could be won by the City. This poor man was not a CRIMINAL he was a mentally disturbed person who needs specialized handling. Double vomit!!!!!!!!!!!!!!!!!!!!!!!!
lewis8457 on February 09 at 8:03 p.m.
live in fear yes i know that i was talking about normal people not the above the law cops.
hard to imagine all the gutless cops that run to their lawyer when anyone else get fired they simply go find another job.
mary1958 on February 09 at 9:16 p.m.
I think the stun gun should be labeled a “lethal weapon” and only used when an officer is in fear for their life similar to a choke hold.
arroyoribera on February 09 at 10:50 p.m.
The day after Josh Levy jumped off the Monroe Street bridge 4 and a half years ago and killed him self in the face of the gross incompetence of the Spokane Police Department’s “mental health” squad, I wrote the following. I stand by every word today.
http://spokanepoliceabuses.wordpress.com/2007/07/28/id-have-jumped-too/
The Spokane Police Department has been severely mismanaged for decades. Its management has failed to control and discipline officers in a manner that ensured the safety of the people of Spokane. The Police Guild continues to hold a gun to the head of the Police Chief, the Mayor, the City Council and the people of Spokane.
The people of Spokane must continue to pressure incessantly until the mess that is the Spokane Police Department is cleaned up. One way for that to happen is for the Department of Justice, as it has in Seattle recently, to initiate a pattern or practice investigation of the Spokane Police Department. Mayor Vernor and Mayor Condon have both supported this and the US Department of Justice should be encouraged by all Spokane citizens to begin this investigation at the earliest possible date.
http://www.justice.gov/crt/about/spl/faq.php#primsource
If anyone knows of cases of abuse by the SPD that have not been adequately addressed by the SPD, the Ombudsman and/or the media and think they might be appropriate for such an investigation, please get that information to the Department of Justice or feel free to post a comment after the post about Levy on
greenlibertarian on February 10 at 12:09 a.m.
I remember that David. Well said!
When is it EVER going to end?
lewis8457 on February 10 at 7:23 a.m.
It will never end has long as we have people of authority covering their own asses and getting as much as they can for themselves.
The whole problem comes down to the one thing destroying our city and country, GREED!
EthicsinLE on February 10 at 1:02 p.m.
Part (huge part) of the problem is police officers are now forced to act as therapist because the mental health system can’t or won’t do their jobs. We are now expected to be counselors, law enforcers, peace keepers, child custody mediators, parents to those who can’t manage their kids, medical care providers, CSI technicians, lawyers, and the list goes on and on. We have to wear so many hats that it’s not funny and borderline irresponsible. Its a shame when mental health facilities call the police when a patient is suffering from some psychological issue and they ask us to take him to a hospital psych. Unit. Happens all the time. They call us over MHP because we get there quicker and it’s easier for them to pass the problem off.
mary1958 on February 10 at 10:12 p.m.
Police were transporting mentally ill to the psych ward twenty years ago and longer. Whats so different? You have a police car that has a shield. You have cuffs in case they are resistant. YOU are not suppose to be the therapist. YOU are suppose to take them to one. The only thing irresponsible is that you have not got a clear view of what YOUR job is.
ChefGus/ John Olsen on February 12 at 9:05 a.m.
I always got absolutely wonderful support from any officers that we had to call to Shalom to help us deal with an obstreperous or out of control person…. and they would always take our recommendation as to whether to transport to the jail, or to the hospital. They were always understanding and would deal with the situation in wonderful ways.
The jump by Mr Levy was a wrongful death in my opinion and should/could be looked at in that light. Once he was down off the precipice, the use of lethal weaponry (Taser) made no more sense than blasting him with a .45. 24 or more hours with no food , no sleep, and no medicine would clinically assure that the “Fight or Flight” cortisol in his system was in need of calming and not shocking. john