Pierce County Council to consider $4M settlement in Manuel Ellis wrongful death lawsuit
The Pierce County Council will decide Tuesday whether to settle the county’s part of a wrongful death lawsuit brought by the family of Manuel Ellis, who was killed by police two years ago.
The Tuesday council meeting agenda includes a proposed settlement of just more than $4 million.
Ellis died while being restrained by Tacoma police on March 3, 2020. Two Pierce County Sheriff deputies responded to the scene. Deputy Gary Sanders grabbed Manuel’s leg and assisted in restraining him while Tacoma police handcuffed and hogtied Ellis. Lt. Anthony Messineo arrived at the scene later but reportedly never touched Ellis.
The deputies and county were listed in a lawsuit filed by the Ellis family in U.S. District Court for the Western District of Washington. James Bible, the Ellis’ family attorney, said the deputies did nothing to help Ellis.
“Lieutenant Messineo would later describe Manuel’s movements as ‘thrashing around like a fish out of water,’” the complaint said. “Despite that observation Lieutenant Messineo made no effort to assist Manuel. Deputy Sanders also made no effort to assist Manuel. Several minutes into the assault Manuel went limp and medical assistance was requested.”
Bible said in the complaint that Pierce County failed to log, document and investigate allegations of officer misconduct.
“Pierce County repeatedly fails to discipline officers who commit acts of excessive force, especially when it involves the use of deadly force,” the complaint said. “For these and other reasons, Pierce County is liable for the violation of Manuel Ellis’ civil rights and wrongful death.”
Initially, the death was investigated by the Pierce County Sheriff’s Department, but Gov. Jay Inslee ordered the Washington State Patrol to take over. During the county’s investigation, Bible claimed that the Sheriff’s Department’s efforts did not meet law enforcement standards regarding officer-involved investigations.
The complaint also said Pierce County should have recused itself from investigating the incident because its deputies were involved. That breached state law regarding conflict of interest, the lawsuit alleges.
Sheriff Ed Troyer was named in the complaint as making false statements. Troyer was a spokesperson for the Pierce County Sheriff’s Department at the time of Ellis’ death.
Pierce County Prosecuting Attorney’s Office spokesperson Adam Faber said Monday that the proposed settlement will bring the county’s involvement with this lawsuit to a close.
“As always, litigation settlements are made with risk management principles in mind,” Faber said. “We recognize that the family and friends of Manuel Ellis are grieving, and we hope this settlement will give them some measure of closure.”
The Ellis family also named the City of Tacoma in the lawsuit, requesting $30 million. The city has not reached an agreement with the Ellis family.
Ellis died near 96th Street South and Ainsworth Avenue after buying a snack at a gas station. Police say Ellis tried to open doors of occupied vehicles on the street and pounded on a patrol car. He allegedly attacked an officer, and there was a struggle until police managed to handcuff him on the ground.
In an audio recording of the incident, Ellis can be heard saying, “I can’t breathe, sir.” Paramedics performed CPR for 40 minutes but he was pronounced dead at the scene. In May 2020, medical examiners ruled his death a homicide and said the physical restraint used caused his death, although methamphetamine intoxication and heart disease contributed.
Three Tacoma police officers were charged with Ellis’ death in May 2021.
Christopher Burbank and Matthew Collins have pleaded not guilty to second-degree murder and first-degree manslaughter. Timothy Rankine, who arrived on scene to back up the first officers, pleaded not guilty to first-degree manslaughter.
If convicted on both counts, Burbank and Collins could serve life in prison. Rankine is facing 6-1/2 to 8-1/2 years in prison.
This is the first time the state Attorney General’s Office has criminally charged police officers for the unlawful use of deadly force.
Federal prosecutors decided to charge the officers because they tackled and struck Ellis multiple times, used a neck restraint and used a Taser on him three times, “all without justification for these uses of force,” charging papers say.
Two other Tacoma officers who helped restrain Ellis, Masyih Ford and Armando Farinas, were not criminally charged and were found not to have violated department policies.
After being on paid administrative leave for more than a year, they were expected to return to duty earlier this year after receiving training on new policies and how to use newly added body cameras.
Farinas placed a spit hood over Ellis’ head while he was restrained. Investigators said police feared possible biohazard exposure because Ellis was allegedly spitting near them.
Ford was partnered with Rankine that night and was second on scene. He helped restrain Ellis and roll him onto his side.
The Tuesday council meeting is scheduled for 3 p.m.
This story was originally published March 21, 2022 at 3:41 PM.
