47.1 F
Fort Worth
Wednesday, October 28, 2020
Government Supreme Court: Fort Worth family can sue city for wrongful death

Supreme Court: Fort Worth family can sue city for wrongful death

Other News

Who killed Sweden’s prime minister? 1986 assassination of Olof Palme is finally solved – maybe

Andrew Nestingen, University of Washington It took 34 years,...

Fort Worth Police seeking man who robbed diners on Southside restaurant patio

Fort Worth Police are seeking a man who robbed diners at an outdoor patio on Hemphill Street on the city's Southside.

Authorities find 2 abducted girls after 2 boys are killed

By HEATHER HOLLINGSWORTH The Associated PressMISSION, Kan. (AP) — Authorities found two girls who were abducted from a Kansas home where two...

Second whistleblower fired from Texas attorney general’s office after accusing Ken Paxton of bribery

By Emma Platoff, The Texas Tribune Oct. 22, 2020 "Second whistleblower fired from Texas...

Supreme Court: Texas family can sue city for wrongful death

FORT WORTH, Texas (AP) — The family of a Fort Worth man who died after they say officers needlessly choked, kicked and shot with a stun gun during a 2013 drug raid can proceed with a wrongful death lawsuit against two officers and the city, the U.S. Supreme Court ruled.

The court’s ruling Monday will allow a jury to weigh in on the death of Jermaine Darden, 34, who had a heart attack and died during the raid.

Darden’s family filed a wrongful death lawsuit in 2014 and the 5th U.S. Circuit Court of Appeals in New Orleans issued two rulings that said there were issues in Darden’s case that should be decided by a jury, including evidence suggesting that Darden wouldn’t have died if officers hadn’t used a stun gun on him and forced him onto his stomach.

The Supreme Court agreed with the appeals court that the case should proceed to trial, the Fort Worth Star-Telegram reported.

The Tarrant County medical examiner’s office determined that Darden, who weighed 340 pounds, died of natural causes, with sudden cardiac death associated with high blood pressure and the use of restraints.

But a medical expert testified that Darden’s death shouldn’t have been ruled natural, according to the appeal court’s ruling.

Fort Worth officers executing a “no-knock” search warrant on May 16, 2013, burst into the home without warning, court documents show. Witnesses said that officers choked, kicked, punched and shocked Darden, who was inside the home at the time.

Several officers applied their weight to Darden’s back, which made it difficult for him to breathe, court filings said.

Lawyers for the city contended that Darden tried to resist arrest, but witnesses said he made no attempt to flee, attack or resist.

The appeals court ruled that a video of the raid shows Darden with his hands raised when the officers entered the home and complying with the officers’ instructions.

“Based on evidence in the record, a jury could conclude that no reasonable officer on the scene would have thought that Darden was resisting arrest,” the appeals court found.

The case will return to the U.S. District Court in Fort Worth.


Information from: Fort Worth Star-Telegram, http://www.star-telegram.com

Latest News

AP Explains: The rule that made the modern internet

By BARBARA ORTUTAY AP Technology Writer OAKLAND, Calif. (AP) — Twenty-six words tucked into a 1996 law overhauling telecommunications...

A week before the election, Texas National Guard prepares to deploy troops to cities

By Shawn Mulcahy, The Texas Tribune Oct. 27, 2020 "A week before the election,...

Polls, late campaign activity suggest Republican dominance in Texas could be at risk

By Alex Samuels and Patrick Svitek, The Texas Tribune Oct. 27, 2020 "Polls, late...

Michael Bloomberg to spend $15 million on TV ads for Biden in Texas and Ohio after seeing tight polling

By Alex Samuels, The Texas Tribune Oct. 27, 2020 "Michael Bloomberg to spend $15...

Barrett sworn in at Supreme Court as issues important to Trump await

By MARK SHERMAN Associated Press WASHINGTON (AP) — Amy Coney Barrett was formally sworn in Tuesday as the Supreme...