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U.S. Constitution
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Title: Family of man shot, killed by police sue city of Southaven, officers
Source: WREG
URL Source: https://wreg.com/2019/06/20/family- ... ue-city-of-southaven-officers/
Published: Jun 20, 2019
Author: Eryn Taylor and Jessica Gertler
Post Date: 2019-09-28 16:54:06 by nolu chan
Keywords: None
Views: 1028
Comments: 15

Family of man shot, killed by police sue city of Southaven, officers

Posted 10:02 am, June 20, 2019, by Eryn Taylor and Jessica Gertler
Updated at 05:13PM, June 20, 2019

SOUTHAVEN, Miss. — The family of Ismael Lopez, the man that was shot and killed by police nearly two years ago, has filed a lawsuit against the city of Southaven, the police chief and the two officers involved in his death.

The family is seeking $8 million in actual and compensatory damages, $12 million for punitive damages and $25,000 for funeral costs.

In July 2017, Southaven officers were sent to Surrey Lane to look for a suspect wanted for an aggravated assault in Tate County. Officers mistakenly went to the wrong home. Lopez reportedly opened the door to find two officers there and tried to run.

Reports indicate that the officers shot through the door, striking and killing Lopez.

Officers told investigators they saw a rifle barrel pointed through the open door. At that point, a dog charged out of the house, and Officer Samuel Maze shot at it. Officer Zachary Durden began yelling for the person inside to drop the weapon, then fired several shots through the door.

According to the lawsuit, Lopez didn't have a gun in his possession and didn't pose an immediate threat to the officers.

"The City of Southaven law enforcement officers utilized excessive force in with respect to Ismael Lopez and acted in deliberate indifference to his health and welfare by escalating the situation in an unnecessary fashion," attorneys said.

They also claimed that the department has a history when it comes to excessive force.

"Defendants City of Southaven and Chief Pirtle have allowed police officers to engage in a pattern of conduct that violates the civil rights of persons residing in the City for years leading up to the death of Ismael Lopez by failing to enforce policies and procedures and by ratifying the unconstitutional conduct of officers by not punishing them and instead allowing them to continue serving as law enforcement officers."

"Municipal policymakers are aware of, condone and facilitate by their inaction, a “code of silence” in the Southaven Police Department, by which officers fail to report misconduct committed by other officers, such as the misconduct in this case."

Attorneys are asking for a jury to hear the case.

Southaven Mayor Darren Musselwhite released a statement on the lawsuit Thursday afternoon, saying the city's officers had been cleared by investigations.

"Last year, a Desoto County Grand Jury reviewed all facts of this incident and made a decision to not indict any of our Southaven Police Officers. In addition, this matter was investigated by the FBI and the U.S. Department of Justice, which also cleared the City of Southaven Police Officers. We are ready to vigorously defend our officers and City in a court of law in this matter," the statement read.

"Since we will try this case in a courtroom and not the media, I advise all that value the truth to be cautious of the partial facts and misinformation that has been circulated by some since this event occurred."

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Begin Trace Mode for Comment # 10.

#6. To: nolu chan (#0) (Edited)

Officers told investigators they saw a rifle barrel pointed through the open door. At that point, a dog charged out of the house, and Officer Samuel Maze shot at it. Officer Zachary Durden began yelling for the person inside to drop the weapon, then fired several shots through the door.

It's not the red flag that shooting someone in the back would be but it is bad practice to shoot through a door. You don't know who else could be hit by the bullets; it's reckless disregard for safety if you don't know who is present in the building.

I think ICE should show up and deport this woman. She can try to continue her lawsuit from Mexico. If she and her dead maybe-husband weren't here illegally to begin with, those two cops wouldn't have shot him.

We shouldn't allow illegal aliens to sue like this. Deport them the minute they file a lawsuit. American courts are for American citizens and companies/corporations with legal standing. Illegal aliens don't qualify. I would still allow resident aliens (green card) or work/tourism/student visa holders to sue, as long as they were in the country legally at the time of the incident.

Tooconservative  posted on  2019-09-28   21:00:32 ET  Reply   Untrace   Trace   Private Reply  


#7. To: Tooconservative (#6)

It's not the red flag that shooting someone in the back would be but it is bad practice to shoot through a door. You don't know who else could be hit by the bullets; it's reckless disregard for safety if you don't know who is present in the building.

I believe the argument here is not whether they acted improperly or illegally, but whether the illegal alien questionable wife or questionable son have a right to sue in federal court on the basis set forth. The federal court may, or may not, find jurisdiction. It may find that it is a state matter.

It is doubtful that a father-son relationship or husband-wife relationship lawfully existed. If not, the complainants have no right to sue on behalf of the decedent. This is a separate legal issue on jurisdiction.

I do not know what happened, but I know the case was presented to a grand jury which returned no true bill, and a DOJ investigation did not find cause to prosecute. A plaintiff's Complaint is not exactly a fact driven investigative news report. That never mentions that the subject was an illegal alien, had three deportation orders, or a violent felony conviction.

nolu chan  posted on  2019-09-28   23:47:50 ET  Reply   Untrace   Trace   Private Reply  


#8. To: nolu chan (#7)

That never mentions that the subject was an illegal alien, had three deportation orders, or a violent felony conviction.

He had been lawfully ordered out of the country. He should have been forcibly removed on the first one. He should have obeyed the law even without being forcibly deported.

He died ultimately because he refused to obey our laws.

Even so, I don't like cops or anyone else, even Joe Biden, just shooting wildly through doors without any idea who is behind them. I disapprove of shooting through doors no matter the legal status of the people behind the door.

As you can see, I follow two tracks of thought on this case but my sympathy disappears after that first deportation order against an illegal. Not to mention the violent felony.

Tooconservative  posted on  2019-09-29   0:04:57 ET  Reply   Untrace   Trace   Private Reply  


#10. To: Tooconservative, nolu chan (#8)

Even so, I don't like cops or anyone else, even Joe Biden, just shooting wildly through doors without any idea who is behind them. I disapprove of shooting through doors no matter the legal status of the people behind the door.

The cops were at the wrong house to begin with don't forget.

Deckard  posted on  2019-09-29   11:13:08 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 10.

#11. To: Deckard (#10)

The cops were at the wrong house to begin with don't forget.

And that affects the federal constitutional rights of Ismael Lopez or Claudia Linares how? Is somebody claiming a violation of constitutional rights by going to the wrong house? Is a mistake of State cops a Federal offense?

nolu chan  posted on  2019-09-29 13:12:00 ET  Reply   Untrace   Trace   Private Reply  


#12. To: Deckard (#10)

The cops were at the wrong house to begin with don't forget.

I'm not sure this is acceptable routine police procedure to enter a hostile residence. They had no idea who they might hit with their bullets; this was complete disregard for all other occupants of the building (who had to be assumed to be bystanders). Any time the police are putting the public in harm's way by driving very fast in heavy traffic pursuing a defiant speeder or shooting blindly into an occupied house through the doors, you are moving beyond a concern with public safety and are arguably making the method the cops used to enter the residence a far greater hazard to others than the need to apprehend the suspect, who was apparently a minor criminal. And they were at the wrong address anyway.

This cops-can't-find-an-address-and-go-in-guns-blazing scenario happens multiple times a year. Shouldn't we just fire all the cops involved in a wrong-address bust? Aren't they too incompetent to be given badges and guns if they can't find an address and verify it is the correct address? Was the address even correct on the original search warrant? Did they have an arrest warrant? Some of the reporting we have so far on the case leaves some open questions. I'm sure there is more material and evidence that we aren't told about in these blurbs published on various blogs and content farms.

I do notice the generic claim we see in a lot of police abuse cases about the local police having acquired a reputation for brutality and justified homicides during false arrests and so on. In some instances, there is a public record of reckless police harming innocent citizens during traffic stops, during searches, during the service of arrest warrants, during high-speed chases, etc. So the local city attorney and town council may opt to settle and insist on NDAs for all their PD's past abuses. But that doesn't entirely silence the issue. If a local PD becomes known for high-profile abuse scandals from local press and social media, the city faces a much more potentially hostile group of jurors in any civil lawsuit against the city. So that may incline the city's legal advisers to settle rather than risk a jury trial with the attendant publicity.

There is a vast amount of legal strategy and civil liability at stake in public lawsuits of this type. Even with municipal insurance, no city wants to be on the losing end. If they can save money by settling rather than avoiding an ugly court fight that could open up the history of local PD safety failures, they just have more incentive to settle. And so that is what happens so often. Give them $50K or $100K to end the news coverage and make it all go away. It's only the taxpayers' money after all.

Tooconservative  posted on  2019-09-29 14:24:23 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 10.

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