Personal Injury Law

Police Brutality Lawsuit Claims Anchorage Cop Shot Innocent Teen

By guest-writer

Claims of police brutality are always cause for concern, especially when they involve a police officer shooting an innocent teenager. Such an incident is under scrutiny this week as a personal injury trial begins in Anchorage, Alaska.

A personal injury lawsuit recently filed by Elvis Tuata alleges that Officer Shaun Henry used excessive force and failed to follow police procedures when he shot Tuata in the arm two years ago.

The injury lawsuit also claims that the city of Anchorage failed to properly train Officer Henry, and that the police department overlooked Henry?s disturbing history of using excessive force. The city, of course, denies these charges.

The incident in question occurred when Tuata was only 17 years old. Henry claims that he thought Tuata was aiming a high-powered hunting rifle at a group of people in the parking lot of a Taco Bell.

Tuata, however, was only holding a low caliber pellet gun, and Tuata claimed that he was merely pointing the gun at a nearby street sign. Tuata?s attorney claims that security footage at Taco Bell proves that Tuata was not pointing his gun at any person.

Sources indicate that Henry responded to the situation by firing three shots at Tuata with a .45-caliber pistol. One shot struck Tuata in his arm, traveling a few inches up his arm into his shoulder. The wound allegedly left a significant amount of blood in the parking lot.

According to Tuata?s attorney, Henry did not make any announcements or warnings before he shot Tuata. An Anchorage police spokesman, however, said that police officers typically do not give verbal warnings to people they perceive as a threat to others.

A few months after the incident, surgeons removed three large bullet fragments from Tuata?s arm, though several smaller fragments remain. According to sources, Tuata still experiences daily pain in his arm.

Tuata?s police brutality lawsuit seeks damages for pain and suffering, loss of employment, and thousands of dollars in medical costs.

The lawsuit also alleges that Henry has a history of using his firearm more often than most Anchorage police, raising questions about his previous use of allegedly excessive force.

While Tuata seems to have a strong claim, police brutality cases are often difficult for plaintiffs to win. Obstacles in the way of most claimants include immunity laws and strict statutes of limitations.

Many forms of police brutality, however, do lead to successful civil lawsuits. If you have been the victim of excessive police force, an unlawful arrest, police torture, or a coerced confession, you may be able to seek legal relief.

Laws governing police brutality lawsuits vary widely by state. In addition, your city may have an independent citizen review board that address claims of police misconduct.

To learn more about police brutality cases, contact a local injury lawyer.

Full post as published by The Injury Blog on March 07, 2011 (boomark / email).