Lawsuit filed against Sebastopol police for excessive force, false imprisonment and conspiracy

According to the lawsuit, what officers thought was a DUI turned out—three tasings and a broken arm later—to be a diabetic having a medical emergency

This still photo of Jeffrey Callaghan during his arrest was provided by the Callaghan’s attorney Izaak Schwaiger. It was taken from Sebastopol Police body cam footage of the incident.

Attorney Izaak Schwaiger has filed suit on behalf of Jeffrey Callaghan and his 6-year-old daughter over an incident with the Sebastopol Police that happened last summer as the two drove through town.

The lawsuit names the city of Sebastopol and three of its current and former police officers—Officer Forrest Whitehall, Sgt. Cameron Fenske, and Captain James Hickey—accusing them of the following crimes: 1) Excessive force (Whitehall); 2) Unlawful detention (Whitehall, Fenske and Hickey); 3) False arrest (Whitehall, Fenske and Hickey); 4) Conspiracy to violate civil rights (Whitehall, Fenske and Hickey); 5) False imprisonment (Whitehall, Fenske and Hickey); 6) Deprivation of familial association (Whitehall, Fenske and Hickey); 7) Supervisory liability (Fenske and Hickey); 8) Bane act (a California law that forbids people from interfering with a person's constitutional rights by force or threat of violence) (City of Sebastopol, Whitehall, Fenske and Hickey); 9) Negligence (City of Sebastopol, Whitehall, Fenske and Hickey).

Here, in brief, is what happened last year that resulted in this cavalcade of claims. This description was derived from the legal filing. (The Sebastopol Times has thus far been unable to view the body cam footage, though Schwaiger made it available to a Press Democrat reporter with whom he was more familiar. See the PD story here.)

According to the lawsuit, here’s what went down

On July 24, 2024, 4:49 p.m., the Sebastopol police got a call reporting that a black Ford pickup was swerving all over the road and was currently stopped at a traffic light on Main Street. Officer Whitehall responded to the call, pulled up behind the truck, and switched on his emergency lights. The truck didn’t stop. It continued weaving through town at between 20 to 40 mph, unable to keep to its lane, until it drifted off the roadway outside of town and crashed into a ditch.

Officer Whitehall, assuming he was dealing with a drunk driver, exited his vehicle, drew his gun and demanded that the driver turn off the car. Inside the car, a child screamed. When the officer approached the car, demanding that the driver step out of the car, Callaghan was slow to respond. When he finally moved slowly out of the car, the officer ordered him to lie on his stomach on the ground and warned him that if he didn’t do so, he would get tazed. Instead, Callaghan raised his hands. Officer Whitehall tazed him three times—the first tasing knocked him to the ground, where he was tased a second and third time for refusing to obey and stay on his stomach.

At this point, a sheriff’s deputy arrived and helped officer Whitehall handcuff Callaghan, during which Callaghan’s arm was broken. The legal filing describes this incident like so: “The sheriff’s sergeant knelt on Jeffrey’s shoulder and forced his right arm behind his back with enough force to break Jeffrey’s arm.” At this point Callaghan is mumbling, “Please, Lord Jesus. Please, Lord God.”

Handcuffed, Callaghan is placed in back of the Sebastopol patrol car, while his daughter is placed in the back of the sheriff’s patrol car.

Captain James Hickey and Sgt. Cameron Fenske from the Sebastopol Police arrive on the scene, along with medical units from a neighboring fire department. The medical unit from the fire department determined that Callaghan was having a diabetic emergency, treated him with glucose (at which point he became lucid), and released him back to the police, informing him that Callaghan had had a diabetic episode. (Police training manuals detail how diabetic episodes can mimic intoxication, with patients exhibiting confusion, slurred speech, clumsiness, disorientation, blurred or double vision, loss of consciousness, and more.)

Despite this, Hickey, Fenske and Whitehall have a discussion about what they could charge Callaghan with. Fenske by then had reached out to the child’s mother and learned from her that Callaghan was a diabetic. The three discuss possible charges: child endangerment, resisting arrest, a DUI charge.

At this point, father and daughter are transported to two different hospitals, where Callaghan is given both a breathalyzer and a blood test for alcohol intoxication. Both come back negative.

According to the legal filing, a nurse at the hospital asked the officer, “Why are you doing this? He’s a Type 1 diabetic.”

Officer Whitehall took Mr. Callaghan to the county jail where he was booked on charges of felony vehicular evading in violation of California Vehicle Code Sec. 2800.2, felony child endangerment in violation of California Penal Code Sec. 273a(a) and resisting arrest in violation of California Penal Code Sec. 148(a)(1). Officer Whitehall further requested the Sonoma County District Attorney consider charges of DUI once the results of Callaghan’s blood test were returned. Sergeant Fenske submitted a Suspected Child Abuse Report to Child Protective Services.

According to the legal filing, Callaghan drained his savings account to pay his bail.

In the aftermath

Six months later, on February 10, 2025, the Sonoma County District Attorney rejected all requests for charges against Mr. Callaghan.

At that point, attorney Izaak Schwaiger, who Callaghan had contacted soon after the incident, was able to get access to the police body cam footage. The case was filed in federal court on July 24, 2025.

This spring, as required by law, Schwaiger submitted two six-month tort claims to the city of Sebastopol—one on behalf of Callaghan and one of behalf of his daughter. The city denied both these applications for claim relief.

Both Captain Hickey and Officer Whitehall left the Sebastopol Police Department in March of this year. Sgt. Fenske is still employed there.

When the Sebastopol Times asked for a comment on the Callaghan case, Acting City Manager Mary Gourley replied with the following statement: “While the City generally does not issue public statements about pending litigation, it looks forward to defending its officers in court and responding to all allegations through the legal process.”

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