Phillips case closed

On Tuesday (July 30), U.S. District Judge John A. Mendez threw out the civil case brought against the city of Chico by the family of Desmond Phillips, granting a city motion for summary judgment during a hearing in Sacramento. Phillips was shot and killed by Chico police officers during a mental health crisis on March 17, 2017.

Attorney Benjamin Nisenbaum, a high-profile civil rights attorney out of Oakland, told the CN&R the family is reviewing its options, and will either move for reconsideration or appeal directly to the 9th U.S. Circuit Court of Appeals.

“We are concerned that the court minimized the clear material factual disputes regarding whether Desmond was actually threatening at any time after he was tased,” he wrote via email.

An attorney for the city did not provide comment before deadline.