More on Criminal's rights - Sue the cops

[hollysmom]

Occasionally we win one...though why this suit was filed at all is disturbing...

From today's Houston Chronicle...

SUGAR LAND - An appellate court ruled that the family of a teenager who escaped from a Sugar Land patrol car and was killed by a passing 18-wheeler cannot sue the city for negligence.

In its ruling Thursday, the 1st Texas Court of Appeals stated the city is protected by governmental immunity.

The family's attorney, Harold Dutton, said he will ask for a re-hearing.

Mark Ballard, 16, was arrested Aug. 17, 2002, after officers found him and two other suspects inside a restaurant. An alarm had alerted police.

Police said two officers were taking Ballard to the juvenile detention center in Richmond when he managed to get his shackled arms in front of him and opened a car door.

He jumped out of the moving car on a U.S. 59 service road near Sweetwater.

Ballard ran across the freeway's southbound lanes, climbed over a median guardrail and started across the northbound lanes when he was hit by a tractor-trailer and killed, officers said.

Ballard's father, James L. Ballard, filed suit against the city claiming the police department was negligent.

"What happened in this case was tragic and unfortunate. There is no question that the death of this young man was a terrible thing, but it was a terrible thing caused by his own conduct," said Bill Helfand, the attorney representing the city.

SSM

[Chefzhat]

Wonder if we can find the parents negligent too for raising such a wonderful contribution to society?? :(

[Beth]

Sounds like a case of what goes around comes around -- sooner than might be expected though.

Had the cops recognized that the guy would be panicked enough to run in front of an 18-wheeler and put him in a straightjacket and cuffed him to the car, I'm sure they would have found a reason to sue for that too.

Doesn't responsibility start at HOME?

[Valerie226]

Natural selection at work again!

[MrsReber]

There was a similar story in NJ not too long ago. The "good" high school kid was on the beach drinking with his friends. Cops came by. They all ran. One kid was caught. Supposedly, he was talking with one of the officers when he just made a run for it. He ran onto a street and was hit and killed by a car.

I agree, it's tragic, but why did he run? I felt like he had something bigger to hide if he felt he needed to run.

Another lovely story that happened right in our neighborhood- I was at my mom's house with my kids when DH called. He said to be very careful coming home because a high speed chase was happening in our neighborhood! Some idiot on a motorcyle was driving in excess of 100mph at times right through our neighborhood! DH saw them go by several times with the police cars chasing him. Eventually, the kid wound up driving right into an off duty policeman's car. The off duty officer was pulling out of a parking lot and the kid couldn't slow down. I think he was between 19 and 21. He was taken to the hospital and died shortly afterwards. The parents are STILL outraged and claim that these cops killed their wonderful son! This happened well over a year ago. Upon investigation, they found no wrongdoing. The parents are still yelling about it and there is still, to this day, a vigil set up outside the Stewart's Rootbeer on the corner. I get angry when I see the candles and fresh flowers. If I had been home and perhaps taking a walk with my children, this guy could've killed us! Turns out, he had eluded state troopers earlier in the day. To the parents, I say I'm sorry that you lost your son. However, back to personal responsibility- they need to realize that his behavior was way out there and stop praising him as if he never did anything wrong in his life. I wish the vigil would stop, personally.