Sacto 9-1-1
September 25, 2008
Deputies wounded in fight will drop suit against assailant's mom

From Kim Minugh:

The two El Dorado County Sheriff's deputies who filed a lawsuit against the widowed Shingle Springs mother of a mentally ill man who shot them last summer are dismissing the case, according to the woman's attorney.

The lawyer representing Greg Murphy, who has since left the sheriff's department and works for the El Dorado County District Attorney's office, and John Yaws is expected to file a letter of dismissal today, said Stephen Jaffe, a San Francisco-based lawyer representing 67-year-old Karen Mies.

In doing so, they also will be giving up their right to refile the lawsuit, Jaffe said. He said he has seen the letter of dismissal, but declined to comment further at this time.

Yaws and Murphy sought damages of $19.2 million each in their lawsuit against Mies and other family members, alleging she and her deceased husband, Arthur, were negligent in not recognizing their son Eddie's mental problems and his potential for violence.

On June 5, Eddie Mies killed his father and then engaged deputies in a shootout at the Mies' sprawling Shingle Springs property.

Yaws and Murphy were shot in the gun battle, as was a police dog and a third deputy, who declined to join the lawsuit. All have since recovered physically; Yaws and Murphy sought the damages for emotional distress, medical expenses, loss of earning capacity and punitive damages.

Their attorney, Phillip Mastagni, did not immediately return a call for comment.

The lawsuit drew ire from the both the law enforcement and El Dorado County communities. One county supervisor said he and other citizens were "appalled" by the deputies' actions, and one sheriff's lieutenant called the lawsuit a "disgrace to the entire law enforcement community."

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