Texas Verdicts

Plaintiff(s):

Maria Acosta (Female), 

Noe Nino de Rivera (Male, 17 Years), 

Oscar Nino de Rivera (Male)

Plaintiff Attorney(s):

Adam J. Loewy;
Loewy Law Firm P.C.;
Austin,
TX,
for
Maria Acosta, Oscar Nino de Rivera

Defendant(s):

Bastrop County, 

Randy McMillan

Defense Attorney(s):

Charles S. Frigerio;
Law Offices of Charles S. Frigerio;
San Antonio,
TX,
for
Bastrop County, Randy McMillan

Insurer(s):

Travelers Insurance Co. ($1,000,000 policy)

On Nov. 20, 2013, Noe Nino de Rivera, a 17-year-old student at Cedar Creek High School in Bastrop, was involved in an incident in a school hallway during which he was struck by a Taser dart fired by Bastrop County Sheriff’s Department Deputy Randy McMillan, who was the school’ assigned security officer. After being struck by the dart de Rivera fell, struck the back of his head on the floor and sustained injury. Noe’s parents, Maria Acosta and Oscar de Rivera, sued McMillan, Bastrop County and the Bastrop County Independent School District, claiming use of excessive force. The school district was nonsuited and a separate claim was filed against it. Plaintiffs’ counsel argued that Noe did not pose a threat to McMillan, and had taken no aggressive action at the time McMillan fired the Taser. Plaintiffs’ counsel produced security camera footage purporting to show Noe backing away from the other students and McMillan at the time he fired. Defense counsel maintained that McMillan’s use of force was reasonable and justified under the circumstances. Defense counsel maintained that Noe was failing to comply with McMillan’s lawful orders and was acting aggressively with his hands in fists. Defense counsel maintained the security footage showed de Rivera in a boxing stance. Defense counsel argued a department internal affairs investigation found no wrongdoing and that McMillan was no-billed by a grand jury.

Noe was transported to the emergency room before being airlifted to a trauma center. He sustained brain hemorrhaging and subsequent brain damage. The plaintiff was placed in a medically induced coma for 52 days, and subsequently underwent three months of inpatient physical and mental rehabilitation. Plaintiffs’ counsel maintained that Noe continues to experience mild cognitive and memory impairment, as well as difficulties with emotional control. The plaintiffs sought $1.3 million for past medical expenses and an unspecified amount for past and future pain and suffering and physical impairment.

The parties settled prior to trial for $775,000.

Judge:

Sam Sparks

This report includes information that was gleaned from court documents and interviews with plaintiffs’ and defense counsel.