A split appeals court panel Monday, Sept. 21, upheld a lower court’s denial of immunity for two Lane County Sheriff’s Office deputies named in a lawsuit arising from the death of Landon Payne.

Payne, 37, died two days after encounters March 27, 2020, with Eugene police and Lane County Sheriff’s Office deputies. 

He was first shocked with a Taser four or five times while prone and then, after being transported to jail, was again held on the ground beneath the weight of officers, according to court documents filed in the lawsuit.

Chief U.S. District Court Judge Michael McShane last year found a factual dispute about whether deputies used “an objectively reasonable amount of force” on Payne, declining to grant summary judgment in their favor.

In the 2-1 ruling Monday, the 9th Circuit Court of Appeals upheld the denial of immunity, citing lawsuit claims that deputies Zachery Fulton and Connor West Santini “pressed their weight” on Payne’s neck and torso despite cries for air and a lack of resistance.

Judges M. Margaret McKeown and Jennifer Sung concluded that “Payne’s minor offenses, handcuffs, prone position, and the numerous officers surrounding him would permit a jury to find that he ‘posed only a minimal threat to anyone’s safety.’”

Sidney Fitzwater, a federal district judge in Texas on the panel “by designation,” wrote a dissent “based on my study of the record, including the bodycam video and the sally port video” stating the deputies should be granted immunity.

Payne’s wife, Anzhelika, known as Angie, in 2020 called 911 for help because her husband was having a mental health crisis and was believed to be under the influence of drugs, according to the lawsuit, which describes Eugene police deciding to arrest Payne based on an “unconfirmed” child support warrant.

The lawsuit, filed by Angie Payne, also includes a negligence claim against the city of Eugene. The lawsuit remains pending in U.S. District Court in Eugene.