Subject:  Federal jury awards Uniontown boy's family $28 million |
Author:
Chris
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Date Posted: 03/11/08 12:03pm
In reply to:
Chris
's message, "Jury deliberates on Friday" on 03/ 6/08 7:13pm
Federal jury awards Uniontown boy's family $28 million
Tuesday, March 11, 2008
By Jerome L. Sherman, Pittsburgh Post-Gazette
A jury in federal court today said two Pennsylvania state police troopers intentionally shot 12-year-old Michael Ellerbe in Uniontown in December 2002 and awarded more than $28 million in damages.
Michael Hickenbottom, the boy's father, sued Trooper Samuel Nassan and Cpl. Juan Curry shortly after the shooting, citing a violation of his son's constitutional rights.
The jury ruled that the troopers intentionally shot the boy and "maliciously violated" his Constitutional rights.
The award included $12 millon in punitive damages from each trooper, plus an additional amount of more than $4 million.
The troopers were chasing Michael as he ran from a stolen Ford Bronco on Christmas Eve. Trooper Nassan testified that he fired at Michael because he heard a gunshot and thought the boy had shot at his partner. Cpl. Curry said his gun went off accidentally as he scaled a fence.
In its verdict, the jury disagreed with that version of events and accepted the family's contention that the boy was shot by each trooper.
Mr. Hickenbottom was represented by Geoffrey Fieger, a prominent Michigan attorney who has won dozens of multi-million dollar jury awards.
Andrew K. Fletcher, the led attorney for the troopers, said an appeal was likely, but he declined to discuss the details. "This obviously is an enormously disappointing verdict that, in our view, is not at all supported by the evidence," said Mr. Fletcher.
He spoke on the steps of the federal courthouse, surrounded by a phalanx of cameras and reporters. The two troopers, both stone-faced, stood directly behind him.
Mr. Hickenbottom was crying as he exited the courtroom, and he held his hands together as if he were praying.
He and his lawyer plan to hold a press conference this afternoon.
More details in tomorrow's Pittsburgh Post-Gazette.
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