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seanery |
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waiting to rebuild whitey! ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() Group: Retired Admin Posts: 15,857 Joined: 7-January 03 From: Indy Member No.: 100 Region Association: None ![]() |
Lawsuit says authorities watched suspect drown
Man claims officers refused to help his son, who jumped into a lake to escape an arrest. By Vic Ryckaert vic.ryckaert@indystar.com August 19, 2003 The father of a 17-year-old who fled from police and drowned in a Far-Eastside lake claims the officers stood by, watched and allowed his son to die. Johnny Curry filed a lawsuit Monday in Marion Superior Court, blaming his son's death on police negligence. "Joseph McHugh struggled and requested help for approximately 10 to 15 minutes and told officers he would drown," Curry's attorney, Mark Alderfer, wrote in the five-page complaint. "Officers and deputies from various agencies stood by and watched Joseph McHugh struggle for his life and negligently, willfully and maliciously refused to render aid." McHugh was a passenger in a car stopped about 4 a.m. on Aug. 19, 2001, near the Marina Apartments, in the 9500 block of Shoreland Drive. After a preliminary blood-alcohol test placed him at 0.08, McHugh bolted from police, ran past a sign warning "no swimming in the lake," and jumped in. Officers lost sight of him. His body was discovered two days later. Curry claims the officers could have used a small boat already in the lake to rescue his son. He said the officers were poorly trained and supervised and violated McHugh's civil rights by failing to assist him after he was in their custody. Curry claims that by allowing his son to die, the officers used excessive force. In Indiana, the maximum a jury may award for a wrongful death case is $300,000. The lawsuit names as defendants the Marion County Sheriff's Department, former Sheriff Jack Cottey, the Indianapolis and Cumberland police departments, the town of Cumberland and every officer who responded to the scene. Shortly after McHugh's death, his family said he ran because he faced arrest on warrants -- one was for a probation violation, the other was for theft. Police said divers arrived within minutes but were hampered by murky waters that limited visibility. Lt. Phil Burton, a spokesman for the Marion County Sheriff's Department, declined comment. Others named in the suit could not be reached for comment. |
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Curvie Roadlover |
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Two trunks are better than one! ![]() ![]() ![]() ![]() Group: Members Posts: 2,025 Joined: 29-December 02 From: Southeast Michigan Member No.: 42 ![]() |
QUOTE(Paul Heery @ Aug 19 2003, 06:28 AM) I think that you have to consider that police officers are responsible for the safety of an individual once they are in custody. This guy may have not had cuffs on or had been arrested. But, he had been given a blood alcohol test so he was clearly in police custody. The guy bolted and dove in a lake. Was he a danger to the public or the police officers? Probably not. I would almost guarantee that the officers made sure that he wasn’t carrying any weapons prior to giving him the blood alcohol test. It may not be popular and is contrary to my personal beliefs, but the officers involved were negligent in their duties. They were responsible for the safety of the individual and they were responsible for controlling the suspect. (IMG:style_emoticons/default/agree.gif) I'm sure there is shared responsibility here inthis young mans' death, the police and his own. Only those there know the truth. Running from the police, IMHO is very likely to get you roughed up and probably deservedly so. But not killed! And I'm talking about physically running, as in- on your feet. Running in a car puts innocent lives at risk. That's a whole different thing. |
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