According to a report from ABC 23 News Bakersfield, a court has ruled that Kern County is liable for $30 million in a wrongful death lawsuit. The family of Mickel Lewis prevailed in court—with the jury finding that Mr. Lewis was killed due to excessive force by police officers in Kern County. For its part, the county expressed disagreement with the decision and noted that it may appeal the verdict. Here, our Stockton wrongful death attorney provides a more comprehensive overview of the case.
Mickel Lewis Was Shot and Killed By Police in Kern County in 2020
As background, it is important to understand what happened in this incident itself. On October 2nd, 2020, in Mojave, California, Kern County Sheriff’s Deputy Jason Ayala initiated a traffic stop. The man being stopped was 39-year-old Mickel Lewis Sr. The two—Deputy Ayala and Mr. Lewis—had a brief conversation. Then, Deputy Ayala returned to his police car. At that point, Mr. Lewis fled on foot. However, he quickly turned around and entered his vehicle.
According to the Kern County Sheriff’s Office, Mr. Lewis was attempting to retrieve an unknown item from beneath his seat. The police officer then alleged that Mr. Lewis advanced toward Deputy Ayala with his hand concealed in his waistband. In response, Deputy Ayala fired five shots and hit Mr. Lewis multiple times—including twice in the back. Tragically, Mr. Lewis was pronounced dead at the scene. No weapons were found on or near Mr. Lewis.
Note: The family of Mickel Lewis Sr. filed a wrongful death lawsuit. The Kern County Sheriff’s Office also conducted an internal review. However, they concluded that Deputy Ayala’s use of force was within the department’s policy.
Jury Verdict: Excessive Force Was Used By Police
As Kern County and the Kern County Sheriff’s Office refused to settle—and even claimed that the use of deadly force was appropriate—the wrongful death lawsuit went to trial. Notably, the wrongful death lawsuit alleged excessive and unreasonable force, battery, negligence, and violations of the Civil Rights Act. In March of 2025, a federal jury awarded $30.5 million to the family of Mickel Lewis Sr. The jury found that Deputy Ayala used excessive force. That force was deemed the cause of the death. The wrongful death settlement included $5 million for loss of life and $24.5 million to the children of the victim. Notably, the verdict is one of the largest in California for a police shooting case. Kern County has expressed its disagreement with the decision and is considering an appeal.
Know the Standard: Section 1983 Civil Rights Lawsuit
A Section 1983 civil rights lawsuit is a powerful legal tool that allows people and families to hold government officials accountable for violating their constitutional rights. Codified under Title 42, U.S. Code § 1983, this statute provides a civil remedy when someone acting “under color of law” deprives a person of rights protected by the U.S. Constitution or federal law. It is commonly used in cases involving police misconduct, including excessive force and wrongful death cases. To prevail in a Section 1983 case, the plaintiff must prove two main elements:
- The defendant was acting under the authority of state law;
- The defendant’s actions violated a clearly established constitutional right.
Note: Section 1983 claims are not limited to law enforcement—any public official or entity can be named if they were involved in the rights violation. However, defenses like “qualified immunity” can complicate these claims
Wrongful Death Statute of Limitations in California
In California, the statute of limitations for a wrongful death claim is generally two years from the date of the person’s death. What does that mean? The deceased person’s family or estate must file a wrongful death lawsuit within two years or risk losing the right to bring the claim altogether. There are only limited exceptions to the rule. A proactive approach is key: Families should consult with a top Stockton wrongful death lawyer as soon as possible after a fatal accident/incident.
Special Rule for Government Claims: If the defendant is a government agency or employee, a government claim must be filed within six months. That is required by the California Tort Claims Act. With a police abuse claim, it is especially important to speak to a lawyer right away.
Wrongful Death Cases in California are Designed to Compensate Surviving Family Members
Wrongful death damages in California are designed to compensate surviving family members for the losses they suffer due to the untimely death of a loved one. These damages may include both economic and non-economic losses. Economic damages cover tangible losses like funeral expenses, lost financial support, and the value of household services the deceased would have provided. Non-economic damages compensate for intangible harm, such as loss of companionship, affection, moral support, and guidance. California law aims to make survivors whole—not by replacing the person, but by acknowledging the real financial and emotional impacts of the death on their lives.
We Protect the Rights and Interests of Grieving Families in Stockton and Beyond
Wrongful death claims are challenging. The loss of a loved one due to a negligent or otherwise wrongful act—whether it is a car crash because of a dangerous product or due to police brutality—is a terrible tragedy. Grieving families need justice. At Redkey Gordon Law Corp, we have the professional expertise that you can rely on. With millions recovered for clients across a wide range of cases, our results tell the story. Your initial consultation with our California wrongful death lawyer is free, confidential, and carries no further obligations.
Contact Our Stockton, CA Wrongful Death Attorney Today
At Redkey Gordon Law Corp, our Stockton wrongful death lawyer is a skilled, experienced advocate for justice. If you have any questions about the wrongful death claims process, please do not hesitate to contact us today for a free, completely confidential initial consultation. From our Stockton law office, we fight for grieving families throughout Central California, including San Joaquin County, Kern County, Fresno County, Stanislaus County, and Contra Costa County.