Texas Family Sues City for Man’s Wrongful Death
Austin, TX (Law Firm Newswire) November 21, 2018 – The U.S. Supreme Court gave the green light to allow the family of a man who died during a drug raid to pursue a wrongful death case against two police officers and the city of Fort Worth, Texas.
At the time of the man’s death, the Fort Worth police were executing a “no-knock” search warrant, on May 16, 2013. It meant they did not have to announce their presence before entering the home.
The victim’s family filed a wrongful death lawsuit in 2014 in the appeals court. The court ruled that there were issues in the case that should be decided by a jury. This included evidence that indicated that it was possible the man would not have died if the officers had not used a stun gun and forced him on his stomach. The Supreme Court agreed with the lower court.
According to the city’s medical examiner, the 340-pound victim died of natural causes, with sudden cardiac arrest due to high blood pressure. However, a medical expert testified that the man’s death should not have been ruled natural.
The city of Fort Worth suggested the victim had attempted to resist arrest, but again, witnesses had a different story, saying the man made no attempt to resist, attack or run away. Additionally, a video of the raid showed the man standing in the living room with his hands raised and responding to all instructions the police gave him.
“Does this family have a good case?” asked Austin wrongful death attorney, Brooks Schuelke, not involved in the case. “With the video and eye witness accounts, plus the expert medical testimony, they likely do have a good case. A jury should not conclude that any police officer at the scene would have thought the victim was resisting arrest.”
For families that have lost a loved one to a wrongful death, it is best, no matter what the circumstances, to reach out and discuss the circumstances of the case with an experienced wrongful death attorney.Learn more at http://www.civtrial.com