Subject:  Win for Fieger's firm |
Author:
Chris
|
[
Next Thread |
Previous Thread |
Next Message |
Previous Message
]
Date Posted: 06/ 5/05 2:21pm
Suit settled over man killed in cop scuffle
Victim's family to get $3.65 million in 2002 Hazel Park incident
June 2, 2005
BY DAVID ASHENFELTER
FREE PRESS STAFF WRITER
The family of a mentally ill man who died during a scuffle with Hazel Park police trying to take him to a hospital in 2002 will receive $3.65 million under the terms of a lawsuit settlement approved in U.S. District Court in Detroit.
"The single biggest issue for the family of Basim Maya was that there be some training and procedures established for dealing with the execution of commitment orders for mental patients," the family's lawyer, William McHenry of the Geoffrey Fieger firm, said Wednesday.
The settlement was approved May 26 by U.S. District Judge Robert Cleland. McHenry said it's unfortunate that it takes substantial lawsuit damages to force cities to change policies.
Maya, 39, of Hazel Park died of asphyxiation Nov. 5, 2002, during a struggle with police. Maya's sister had called police to execute a court order to take him to the hospital for treatment of psychosis and paranoid schizophrenia -- the eighth time since 1995 that his family had asked to have him committed.
Maya, who apparently didn't know that officers were trying to help him, put up a fight. Officers sprayed him with pepper spray and hit him with flashlights trying to subdue him.
Eventually, they got him into handcuffs. When he continued to struggle, officers pushed on his shoulders and lower back to keep him on the ground. But he stopped breathing and died a short time later, despite efforts by paramedics to revive him.
The struggle involved 10 officers from Hazel Park and Ferndale.
A paramedic told investigators that the scene looked like the "Night of the Living Dead" movie because the struggle and the blows officers received left them dazed and staggering.
Oakland County Prosecutor David Gorcyca declined to charge the officers in the case, saying they were simply trying to carry out their duties. That prompted protests from McHenry, who said officers split open Maya's head, broke his nose and that his eyes were swollen shut.
The Fieger firm sued the cities of Hazel Park and Ferndale and several officers.
Both cities and some of the officers eventually were dismissed from the suit.
In July, U.S. District Judge Robert Cleland ruled that the case could proceed against five Hazel Park officers.
They appealed and the case was argued in late April before the U.S. 6th Circuit Court of Appeals in Cincinnati. Both sides decided to settle out of court before the appeals court could reach a decision.
Although the terms of the settlement are confidential, and McHenry wouldn't discuss them, court papers indicate $1.3 million will go for lawyers' fees and court costs.
The remaining money will go to Maya's widow, siblings and child. The settlement will be paid by the city or its insurance carrier.
Hazel Park Police Chief David Niedermeier said the death was tragic for Maya and his family and for the officers.
"We don't go out trying to hurt people but use the least amount of force to accomplish what we have to accomplish," he said.
He said the incident prompted him to obtain a $36,000 law enforcement grant to train his 38 officers in how to deal with people experiencing excited delirium due to mental problems or drug or alcohol intoxication.
Contact DAVID ASHENFELTER at 313-223-4490 or ashenf@freepress
[
Next Thread |
Previous Thread |
Next Message |
Previous Message
]
| |
Feedback: 