Judge Restricts CHP’s Use of Chokehold After Jury Awards $470,000 Damages in Man’s Death

OAKLAND — The death of a homeless Vietnam veteran has led a federal judge to bar the California Highway Patrol from using a controversial chokehold except in life-threatening situations.

The carotid restraint is a technique to restrict the flow of blood through the carotid arteries to the brain. It requires officers to grab someone around the neck, and, using both hands, squeeze on both sides.

U.S. District Judge Claudia Wilken made the ruling Friday, two days after a jury awarded $470,000 in damages to the son of Randy Bennett, who died when CHP officers used the chokehold on him during a struggle on a Pleasanton freeway ramp.

“This is exactly what we wanted,” said Andrew Schwartz, the attorney who sued the CHP on behalf of the dead man’s son.

CHP spokeswoman Patricia Ryan said it is not clear what changes will have to be made as a result of the ruling. “We are examining the order to see if it is consistent with our present policy,” she said.

State Deputy Atty. Gen. Tyler Pon, who represents the CHP, said the agency already has adequate restrictions on the use of the carotid restraint. “The order . . . actually does very little,” he said.

Bennett, 45, was stopped in 1992 by CHP officers as he walked along a transition ramp between Interstates 580 and 680. He allegedly resisted arrest and was placed in a chokehold until he lost consciousness, and later died. His son, Scott Bennett Nava of Brentwood, then filed a wrongful death suit against the CHP.