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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: 1029
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 # 11.

#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  


#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  


Replies to Comment # 11.

#13. To: nolu chan (#11) (Edited)

And that affects the federal constitutional rights of Ismael Lopez or Claudia Linares how?

You forget the government's assertion in court that the "wife" in this case was a "bigamous paramour". To put it nicely. IOW, this woman was willing in pretend to be his mother or his wife or whatever in any given legal scrape he was in, largely related to his outstanding deportation order. nolu documented the government's case.

Motion Exhibit 1 reflects records from the City of Horn Lake, Mississippi on the arrest of Ismael Rodriguez Lopez when he released his truck to “my mother, Maria Martinez” on 3/6/2013. Both he and “Maria Martinez” signed the top page. Exhibit 1 pp. 35-36. These certified government documents evidence a vehicle release by Ismael Rodriguez Lopez to who he claimed as his mother Maria Martinez after his arrest on March 5, 2013 in Horn Lake, Mississippi on charges of improper tag-altered, suspended driver's license, and vehicle insurance law violations on March 13, 2013.

. . .

Defendant City asserts with credible documentary support that Plaintiff Linares was not legally married to Ismael Lopez, that Plaintiff Linares has no standing to sue, no standing exists for the claims related to Ismael Lopez, that Plaintiff Autry was not properly appointed as Administrator, and/or that Administrator Autry was appointed Administrator by virtue of apparent conflicting sworn affidavits and/or material misrepresentations and/or contrary to the requirements of law thereby voiding his appointment ab initio. Neither Plaintiff has standing. All state law claims are barred by sovereign immunity as applied by and retained by the Mississippi Tort Claims Act including but not limited to lack of any presuit tort notice and/or statutes of limitations. The persons claimed as related to Ismael Lopez in the estate proceeding seemingly were not related by law including by the laws of the State of Mississippi or any other applicable laws. Relationships not carrying the dignity of being legally sanctioned or legally protected provide no heirship rights in Mississippi. They also do not serve as civil rights predicates under the Fourth or Fourteenth Amendments of the United States Constitution.

I think I side with the city. While continuing to oppose police just shooting through doors without knowing what's on the other side. But in this case, I think I would have to find for the city. The attempt to pass so many fake legal documents and birth certificates, the constant lying to the courts about their identity (and getting caught doing it), the refusal to just obey the three deportation orders, etc.

These were lawless people, they weren't a family in any normal sense, and they defied lawful deportation orders. Then the cops say they saw a gun barrel pointing at them and they shot up the door, hitting the illegal alien and habitual criminal.

Maybe some of us don't like shooting through doors much but it is still hard to find a way to blame the city.

As a thought exercise, can you tell me of any other country that you know of that would allow such lawless identity theft, passing false documents to government offices, resisting multiple lawful deportation orders? No country puts up with that.

He was a criminal engaged in routine criminal activity. She wasn't his wife. The young man was not his son. There simply is no standing for them to sue, no way to even reach the point where you start to judge the police conduct in the case.

Tooconservative  posted on  2019-09-29 14:40:23 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 11.

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