SANTA CRUZ >> The family of 15-year-old Luke Smith filed suit claiming the boy’s civil and constitutional rights were violated when a deputy shot and killed him last year on a Corralitos roadside.

The case lists six defendants: Santa Cruz County, Santa Cruz County Sheriff Jim Hart, deputy Chris Vigil, the City of Capitola, Capitola Police Chief Terry McManus and officer Pedro Zamora, whose K-9 was used just before the shooting Nov. 19, 2016.

The suit, filed in U.S. District Court in San Jose, alleges officers lacked training to prevent unreasonable deadly force.

Luke’s father, Ian Smith, said he called 911 after his son acted abnormal and erratic — the effects of LSD — at the family’s home at the end of Amesti Road. Luke had stabbed his father and uncle and fled the home.

Authorities located Luke between his home and the 300 block of Pioneer Road, a quarter-mile away. Officers watched him and spoke by loudspeaker as Luke gripped a knife. About a quarter-mile from his home, at the 300 block of Pioneer Road, the large teenager was flailing against a wooden fence as the officers closed in. He dropped the knife and picked it up. Foam rounds, Tasers and the K-9 were used before Vigil shot Luke in the chest.

The complaint, filed Sept. 1, alleges the shooting was a constitutional violation of: unreasonable search or seizure; unreasonable force during an arrest or detention; and wrongful government interference.

SEEKING RELIEF

Damages are sought to compensate for funeral and burial expenses; loss of relationships; alleged constitutional violations; pain and suffering; and other economic factors. A specific amount is not sought.

The sheriff’s office released 16 minutes of bodycam footage of the negotiations and the shooting.

“I don’t think anyone in their right mind could watch the video and come to the conclusion that the boy needed to die right then and there. Nobody watching that video could reasonably say that he posed an immediate threat to anyone on the scene,” said Santa Rosa attorney Charles Applegate. Applegate, and attorneys Brendan Kunkle, Michael Green and Scott Montgomery, represent the plaintiffs. The suit was filed by Luke’s sister and his mother, Thanh-Thanh Hoang.

“The police aren’t supposed to kill us because of the possibility that our actions could become dangerous in the near future,” Applegate said.

The sheriff’s office held two press conferences — one early in the investigation and a second after the investigation was complete. The District Attorney’s Office also held a press conference to announce charges would not be filed in the case.

Sgt. Chris Clark, sheriff’s office spokesman, said he could not comment on the suit.

“While our office has been open and transparent with regards to what happened, as well as the findings (after) that tragic event, we are unable to comment further due to pending litigation,” Clark said.

County spokesman Jason Hoppin declined to comment.

The case is in the early stages with parties sharing available information, Applegate said.

“We are in federal court and on a trial track,” Applegate said.

MENTAL CONDITION

Applegate said the case raises questions about tactics used before and during officer shootings.

“Everything went wrong. They shot a bright 15-year-old kid to death,” Applegate said. “This case is about the right not to be shot to death by the police. The government has a legal right to curtail liberty, but they can’t do it unreasonably.”

The complaint alleges that Smith had a history of “mental health issues” and was experiencing a severe mental health emergency that should have been apparent to law enforcement.

“While Smith was in possession of a knife when he was shot by Vigil, Smith did not brandish the knife in a threatening manner prior to being shot or make any motion or gesture that a reasonable deputy/officer would perceive as threatening to them or anyone else,” the attorneys wrote in the complaint.

The suit contends Smith’s psychiatric condition qualifies him for Americans with Disabilities Act protections against discrimination. The litigation also accuses the responding officers of using deliberate, reckless, provocative tactics without warning he was going to be shot.

The defense denies allegations that officers chased, provoked or attacked Smith, according to a response by county attorney Jason Heath on Oct. 4.

Vigil and Hart acted in good faith with legal discretion, Heath wrote.

Applegate said there are few officer shootings that criminalize the shooter. He said the civil courts are one deterrent against officer shootings.

“I think civil lawsuits remain a very effective way to make it prohibitive and expensive for the police to continue to make mistakes that are easily avoided,” Applegate said.