Judge Rules City Not Responsible for Man Who Died in Police Custody

Press release from the Eureka Police Department (See earlier story here.):

EPD Eureka Police Department BlurOn January 25, 2017 the Honorable Judge Yvonne Gonzalez Rogers, a United States District Court judge ruled the City of Eureka and its officers were dismissed from the lawsuit on summary judgment. The lawsuit brought by Stephany Borges, the mother of decedent, through the Law Offices of Dale K. Galipo and John C. Fattahi. The City was defended by Ms. Adrienne M. Moran, of Shapiro Galvin Shapiro and Moran of Santa Rosa.  

Daren Borges was arrested after citizens called police regarding Borges taking off his clothes in public.  Borges later died of acute methamphetamine intoxication.  According to the court, summary judgment is proper if the pleadings and evidence in record “show that there is no genuine issue as to any material fact.” Summary judgement was then granted.  

While the loss of any life is regrettable, the City is pleased the Court recognized that neither the City nor its officers had any responsibility for Daren Borges’ death. The City and its officers have now been dismissed from the lawsuit.   

For further information, the Courts decision can be found on the Eureka Police Departments Transparency Portal, located on the Eureka Police Department website.

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6 comments

  • Would it be appropriate to determine if someone’s level of intoxication could cause death?
    I am not suggesting any blame. A police, correctional officer has a hard enough job without having that burden as well.

    • Still kicking out at me.....

      I believe it would be appropriate to determine someones’ level of intoxication: under the “harm to themselves and others” idea, I should say it is their duty to do so.
      I’m no doctor, but what exactly could be done to save him if he had been tested and found to be OD’ing on Meth? What if they had and realised that this person was far to advanced to help? On the flip side, what if the person was just too gonzo to even try to safely test? Some of those folks I’ve seen in arrest videos flop around like a fish even when tied up.

  • Of course the deputies sren’t responsible. They aren’t responsible for anything

    • Black rifles matter

      [edit] With a name like veterans friend you should be ashamed of yourself. I AM A Vet and you are definitely not my friend. God bless our law enforcement and military. They serve our local communities and protect our freedom abroad. What do you do for this country [edit] ??

    • I’m a veteran and mostly disagree with everything this person posts but the judge did rule that the sheriffs can be held responsible and if they did indeed know that he needed medical attention they needed to have it rendered, that’s the law. Just because someone gets picked up does not mean 1) they are guilty, he was not serving a sentence 2) that upon arrest or serving a sentence you are stripped of all your rights..we are for the most part still not nazi Germany there are laws for a reason and yes police have to follow them too. Do you know if this inmate was a veteran? Because statistically veterans make up a large portion of prisoners..they too should have no rights because they’ve been arrested? Maybe you need some ptsd counseling or some anger management classes, the VA center on G st. In eureka is an amazing resource for mental health, you’re flipping out over 2 sentences, seriously this person has posted way more offensive stuff, way way more, go talk to someone at the center, from one vet to another, breathe, it’s going to be okay, I know how hard it can be, the resources are here & the center on g st is actually competent and they do a great job helping us.

  • Dude had five times the toxic level of Meth in his blood. He was basically dead before he was arrested. Law enforcement did there jobs. If you bleading hearts need to blame someone try the drug cartels that make and distribute the meth. The mothers just trying to cash out from sonnys over indulgence. Hopefully the judge will boot the case against the County too. It’s the Meth Stupid.

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