County Loses Bid for New Trial in Suit Over Shooting by Deputy

A federal judge Monday denied Los Angeles County’s request for a new trial in a civil case involving a drunken off-duty sheriff’s deputy who shot and killed a man outside a Rowland Heights bar.

An attorney for the county argued that Deputy Thomas Kirsch was acting on his own accord when he shot John Huffman in August 1994, and not “under the color” of law.

But U.S. District Judge Harry Hupp disagreed. The judge found that the county is liable because there is a “nexus” between deputies’ actions and the Sheriff Department’s policy of encouraging officers to carry their guns off duty.

The county lost the case in October, when the jury awarded $750,000 to the family of Huffman, 29, a former high school wrestling champ. The problems between Huffman and Kirsch--who had been drinking at Whitney’s Steak House--apparently started when Huffman challenged Kirsch to a wrestling match.

Kirsch claimed he was knocked down when he walked out of the bar. He said his gun came out of his belt and went off when he grabbed it. Forensic evidence presented during the federal trial showed the gun was placed directly against Huffman’s chest.

Kirsch--who had 0.21% blood-alcohol level more than two hours after the shooting--was not charged in the incident because the district attorney’s office found there was not enough evidence to prosecute.