La Bella & McNamara file claim against County of San Diego for shooting death of Kristin Maxwell-Bruce by San Diego Sheriff's Department Deputy Lowell Bruce

June 8, 2007

On June 8, 2007, Jim and Kay Maxwell, parents of Kristin Maxwell-Bruce, filed an administrative claim with the County of San Diego, arising from the shooting death of their daughter by San Diego Sheriff's Department Deputy Lowell Bruce.

On December 14, 2006, Deputy Bruce shot his wife, Kristin Maxwell-Bruce, with his service weapon. Their 4-year-old son was present and saw the shooting. Deputy Bruce has been charged with murder and is awaiting trial.

The Maxwells' claim alleges that the San Diego Sheriff's Department and its officers wrongfully and negligently hired, trained and supervised Deputy Bruce. The Maxwells' claim also alleges that Sheriff's Department personnel who responded to the scene violated the Maxwells' civil rights and were grossly negligent in the treatment of their daughter.

Among other things, the Maxwells claim that Sheriff's Department personnel wrongfully detained them at the scene, kept them separated until hours after their daughter's death, refused to allow them to see their daughter before she died, pepper sprayed a distraught Jim Maxwell and struck him with a baton when he tried to see his wife, and allowed news media at the scene to identify Jim Maxwell as a "suspect" in the crime. Sheriff's Department personnel also failed to notify the Maxwell family when their daughter died; at least one of the family member's first notification was from the news media.

The Maxwells also claim that emergency medical responders provided grossly negligent care, delaying treatment and refusing to allow Kristin to be transported from the scene. Kristin died at the scene one hour after the Sheriff's Department and emergency medical personnel arrived.

The administrative claim, which is required to be filed within six months after the date of the shooting, seeks compensation on behalf of the Maxwells and their grandchildren. The County of San Diego has 45 days to approve or deny the claim. If the County denies the claim, the Maxwells are entitled to file a lawsuit.

The Maxwells are represented by La Bella and McNamara, LLP in San Diego.