Law Enforcement Kills Mentally Ill Person, Then Deputy Sues Family

"The wife’s voice quivers. Her desperation is clear. The call to 911 is her last-ditch plea to save her husband, and maybe even her family…"My husband is disconnected from reality,“No, he doesn’t have a weapon, she says, but yes he could become violent if he thinks officers are coming to attack him.”

He becomes violent and ends up dead.

Naturally one of the deputies sues the family.

My own reaction is the Sheriff should immediately fire the deputy.

Kudos to the lawyer representing the defendent.

I just don’t understand why cops in these situations sue the widow rather than their workers’ comp insurance company or the state.

What’s worse, Rachel, is that the cop didn’t sue the widow. He sued the widow’s mother - the person who held the home owner’s insurance policy.

It’s clearly a grab for money, and he has no business wearing the uniform.

He’s not suing the widow, he’s suing her mother, because the mother is the person named on the home insurance policy. They were hoping she would simply pass them on to the insurance company, who would most likely just settle with them rather than go to court. Seems to be a pretty blatant, shameless money grab. Good for them for fighting it.

The law that filed that is a moron.

I don’t know if it’s the case here, but sometimes when people are injured on private property, their health insurance forces them to file suit with the threat of refusing coverage for medical care for the injuries if they don’t. The health insurance company is trying to recoup its losses, and gets the first bite of the settlement. If the deputy “wins,” after the lawyers contingency fee, and reimbursing the health insurance company, he may have barely enough left to cover his lost wages.

Again, I don’t know what’s happening in this specific situation, but this has happened to a lot of people, many of them first responders.

Government health insurance does not require such, in addition a lawsuit filed without merit, that is, a proper Cause of Action, is not permitted under ANY circumstance.

If it happened while he was on the job, it’s not a health insurance claim it’s a worker’s comp claim. Worker’s comp does not require anyone to sue.

According to the Article, the “specific” damages he is asking for, money for recklessness/negligence, is not a claim covered by WC, it is a personal claim.

Many police offers are simply scumbags who could pass the training. Putting on the uniform doesn’t make them “gods” or even better human beings.

It would be nice if people remembered this more often as it would make their actions far more understandable.

Anyone want to discuss the actual legal issues?

I would. Specifically, how likely is Plaintiff’s lawyer to get sanctioned under Rule 11 here? And why isn’t there a counterclaim for wrongful death/excessive force, etc.?

I find that curious. If there is homeowner’s insurance, the insurance company should be obligated to defend the lawsuit, so his fee would come from the insurance company, not from the homeowner.

I believe the point is that the guy kills a fellow and then sues his Mother in Law.
Are you an attorney, by any chance?
:rolleyes:

The case hasn’t been tossed by a judge…soooo…it seems that the officer, while morally reprehensible, has legal merit to his argument.

The Westboro Baptist Church had legal merit apparently, but that makes it no less reprehensible.

I hope the good people of Harris County express their appreciation 24/7 for the officer until he withdraws the lawsuit.

Did he try to get compensated for the bullet, too?

Nooo…it seems there has not yet been a hearing on the inevitable Motion to Dismiss yet. The lack of a ruling on a dispositive motion does not imply merit.

Also remember that the domestic violence rates among police are as high as 4 times the national average (40% vs 10% for non-police). And I’ve heard from family members of cops and police therapists that rates among the asshole cops are higher (no surprise there). So next time a cop acts like a smug abusive asshole just remember he probably treats his wife and kids the same way too and not take it personal.