Fired Deputy Sues LA County Over 2022 Incident Involving Palmdale Mother

Nearly two years after a Palmdale mother sued the Los Angeles County Sheriff’s Department, claiming a deputy wrongfully arrested and punched her while she was holding her baby, the deputy involved is now suing the county over his termination.

Timothy Gardner, who was fired following the 2022 incident, filed his lawsuit in Los Angeles County Superior Court, arguing that he was unfairly dismissed because of public backlash over a white officer striking a Black woman. Gardner insists he only used force to protect the child in what he describes as a dangerous situation.

“Deputy Gardner saved a baby when the suspect was threatening to break the baby’s legs,” his lawsuit claims. “If Deputy Gardner were not white, he would not have been terminated.”

The Sheriff’s Department stated it had not yet received the lawsuit but emphasized that all use-of-force cases are taken seriously.

The 2022 Incident

The lawsuit stems from a late-night traffic stop in July 2022, when deputies in Palmdale pulled over a vehicle driving without headlights. Inside, they found four women, three of whom were holding babies instead of using car seats. Deputies reported smelling alcohol and arrested the female passengers for felony child endangerment. The male driver was also arrested for DUI, driving on a suspended license, and child endangerment.

During the arrests, deputies used force on two of the women, including Yeayo Russell, the mother who later sued the county.

Body camera footage released by the Sheriff’s Department shows deputies repeatedly telling a woman to hand over her baby before taking the child by force. In the struggle, a deputy is seen punching Russell twice in the head while she held onto her baby. The video does not clearly show all details, but Russell’s lawsuit claims at one point her child was left hanging upside down as deputies pulled on the infant’s leg.

Differing Views on the Use of Force

Gardner’s lawsuit argues he was assisting other deputies and acted to protect the baby. He claims he avoided using his gun or taser, instead relying on his hands to de-escalate the situation.

Initially, then-Sheriff Alex Villanueva reviewed the case and found Gardner had done nothing wrong. However, in July 2023, newly elected Sheriff Robert Luna reopened the case, released the body-camera footage, and turned the matter over to the FBI for further investigation.

“I found the punching of the woman and the circumstances completely unacceptable,” Luna said at the time. He relieved Gardner of duty, and the deputy was later suspended and fired.

The Association for Los Angeles Deputy Sheriffs, the union representing deputies, has publicly supported Gardner, saying his actions “deserve praise” and calling his firing unjust.

A fundraiser launched to support Gardner and his family raised over $39,000.

Legal Battles and a Pending Settlement

Russell’s lawsuit against the county reached a tentative settlement last year, but final approval is still pending from the L.A. County Board of Supervisors. The settlement amount has not been disclosed.

Gardner, meanwhile, is seeking damages for lost wages, arguing that his firing has cost him a lifetime career in law enforcement. His attorney, Vincent Miller, insists his termination was unjustified, stating, “Deputy Gardner was terminated for doing no wrong.”

In addition to financial compensation, Gardner is demanding to be reinstated as a deputy.