Bruce Frankel v. Central Marin Police Authority

Brent & Fiol and Altair Law Partner to Represent Bruce Frankel in Civil Rights Case Vs Marin County Police

The following is a summary of the case, the downloadable complaint and links to broadcast and print media news stories on this lawsuit.

On April 3, 2014, Brent & Fiol partner David Fiol, in partnership with co-counsel Craig Peters of Altair Law, LLP, filed a civil rights complaint in Marin County Superior Court on behalf of Bruce Frankel, a 61 year old financial advisor who, for only the second time in his life, suffered a grand mal epileptic seizure while sleeping with his fiancé. She was roused from her sleep by his convulsing limbs and the alarming sounds he was making.

Since the initial phase of his first seizure was not witnessed by anyone, Mr. Frankel was not diagnosed with epilepsy at the time of his second seizure, and his fiancé did not understand what was happening to him. She called 911 and asked for medical help, telling the operator he was having trouble breathing and was not responding to her. She said nothing to suggest he was violent or engaging in any criminal conduct, but unfortunately, the first responder to arrive was Central Marin Police Authority officer Kevin Sinnott.

Although Sinnott was trained to recognized the signs of seizures and instructed not to attempt to restrain seizure victims, and his department’s policies required that he take the time to discuss the situation with family members before acting in the face of a mental health crisis, within four seconds of entering the room in which Mr. Frankel was stumbling around, Sinnott rushed forward and began grabbing Frankel. What followed was a ten minute, pointless and unnecessary struggle in which Sinnott battered Frankel and tased him.

Then, after the altercation was over, Sinnott, in consultation with superiors, decided to ask prosecutors to charge Mr. Frankel with resisting arrest and battery on a police officer, even after doctors concluded that Mr. Frankel appeared to have suffered a brain seizure. To make matters even worse, after Mr. Frankel was booked at the Marin County Jail and released, the officers completed their report and decided to recommend a third charge for domestic violence on his fiancé, based on a claim that as he walked into the room, Sinnott saw Mr. Frankel push his fiancé and knock her backwards. That factual allegation was demonstrably false, as can be seen in this short clip from Sinnott’s body-worn camera. Notably, Sinnott said nothing at the scene to suggest he saw Mr. Frankel push his fiancé.

The case has generated attention from media outlets around the world, and rightly so – we hope that placing the spotlight on the multiple acts of misconduct found here leads to lasting change.