Posted in Wrongful Death
The City of Tempe has agreed to resolve a wrongful death lawsuit brought by the mother of Sean Bickings, who drowned in Tempe Town Lake in May 2022 while officers stood on the shore. The case drew national attention and prompted the city to add flotation rings and water rescue training. It also illustrates how difficult these claims can be when the defendant is a government body.
What the Lawsuit Alleged
Bickings, 34, entered the lake during an encounter with police responding to a reported argument. According to the complaint, he called out that he was drowning while officers remained on the bank. His body was recovered hours later.
The lawsuit accused the city of failing to train and equip its employees for water rescues, and pointed to earlier drownings at the same lake. Tempe approved a settlement of $150,000, as reported by 12 News.
Why Claims Against Cities Are Harder
Suing a city, county, or state agency in Arizona is not the same as suing a driver or a business. The rules are stricter and the timelines are shorter.
Families pursuing Tempe wrongful death claims against a public entity generally face:
- A written notice of claim that must be served on the government before any lawsuit is filed
- A filing window far shorter than the one that applies to ordinary negligence cases
- Immunity defenses that can shield certain discretionary decisions by public employees
- Records held almost entirely by the agency being accused
Miss the notice requirement and the case can end before it starts. That is not a technicality a grieving family should have to discover on their own.
Evidence Moves Quickly
Body camera footage, dispatch audio, and internal reviews are usually the heart of a case like this one. Much of that material is subject to retention schedules. Preservation letters sent early can keep it from disappearing.
Witness memories fade too. In the Bickings case, footage and transcripts of what officers said on the bank became central to the family’s allegations. We have seen otherwise strong claims weakened simply because no one asked for the recordings in time.
What Families Can Do
If a loved one died because a public agency failed to act, gather what you can and get advice promptly. Written records matter more than memory. Keep copies of any correspondence from the city, note the names of every official you speak with, and avoid giving a recorded statement before you understand your rights.
A Tempe, AZ wrongful death lawyer families rely on can send preservation demands, prepare the notice of claim, and handle communication with risk management staff while the family focuses on everything else.
Speaking With Counsel
Arizona law gives surviving family members the right to seek damages for their loss, including the financial support and companionship the person would have provided. Those damages are real, and they are frequently undervalued by the entities responsible.
If you are weighing a wrongful death claim against a city or another public agency, contact Yearin Law Office to discuss what happened and what your options are.
