Tuesday, May 3, 2011

This Law Suit Is Going No Where

Sometimes, emotions get in the way of clear thinking and stupid lawsuits are filed. Today, a mother filed a lawsuit against Metro after a Metro officer shot and killed her son as he was holding a knife at his mother's throat.
From the LVRJ: A lawsuit was filed Monday night against suspended Las Vegas police officer Derek Colling, but the litigation has nothing to do with the officer's recent headline-grabbing troubles.
The suit was filed in U.S. District Court by attorney E. Brent Bryson on behalf of Evie Oquendo, mother of 15-year-old Tanner Chamberlain. In September 2009, Colling shot and killed a mentally distraught Chamberlain as the boy held a knife to his mother's neck.
The Metropolitan Police Department also was named in the lawsuit, which seeks more than $5 million in damages. Colling was accused of "unreasonable, unjustified and deadly force" and the department was accused of failing to train Colling to an acceptable level.
The police department had "prior notice of the Defendant Officer Colling's lack of training in the area of seizures, the use of deadly and non-deadly force to apprehend suspects, and the use of firearms. Defendants LVMPD took no steps to train him, correct his abuse of authority, or discourage his misconduct," the suit claims.

http://www.lvrj.com/news/las-vegas-mother-of-teen-shot-by-police-files-suit-against-suspended-officer-121159633.html
While I feel for the the mother who is grieving for her son, this is a totally frivolous lawsuit. my guess is that the attorney for the is hoping for a quick settlement by Metro who would want it to go away.
But come on, her son was holding her at knife point and he was holding the knife at her neck. If he cut her, she would have been dead in a minute or two. The cops can't take that risk. What would have happened if the kid did cut his mom and she died.
Then the cops would have been criticized for not shooting the son- the cops are damned if you do and damned if you don't.
The lawsuit said this: "Tanner made no movements or engaged in any conduct which would lead a reasonable and prudent officer to the conclusion that Tanner was intending to harm his mother at that instant," the suit said."
You mean other than putting a knife to his mom's head?
This case ought to be thrown out immediately and if not, the mother and the attorney filing the case needs to pay for court costs and Metro's cost for fighting this case when the case gets thrown out of court.

2 comments:

  1. Do a little more research on Colling... Two killings in 5 and a half years. A lawsuit was filed yesterday (seperate from this one) about a man Colling beat up for video taping him.

    Two deaths, one beating, two current lawsuits....Hmmmm...

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  2. Yeah, I saw that, I have mixed feelings about the law suit. The guy filming provoked the cop and then lied about somethings before the cop went nuts on him. If the guy wins, it probably won't be very much.
    But that case has nothing to do with this case. Sometimes cops are put into bad situations.

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