Subject:  $1.8M settlement against MI. police |
Author:
Chris
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Date Posted: 08/10/05 11:30am
I don't understand why the police would settle this case. The man raised a gun to them, that is why he was shot.
Lawsuit price is $1.8M
Insurance carrier settles with driver's family
By Jason Alley, The News-Herald
PUBLISHED: August 7, 2005
LINCOLN PARK — The city's insurance carrier will pay $1.8 million to settle a lawsuit filed by the family of a man who was shot and killed by three police officers in 2003.
Even though prosecutors ruled the shooting death of 25-year-old Joseph Paul Mihal justifiable, the insurance carrier agreed to the settlement last month. It was approved by Wayne County Circuit Judge Robert Ziolkowski on July 11.
City officials only recently learned that the case was over after they received notice from attorney Geoffrey Fieger, who filed the claim on behalf of the Mihal family.
The city's insurance carrier typically seeks input from city officials before settling a suit, but did not in this case, City Attorney Edward Zelenak said.
He said he was "astounded" to learn that the case had been finalized because he would have urged the city to fight it.
The Wayne County Prosecutor's Office investigated the shooting and cleared the officers of any wrongdoing after determining that Mihal was pointing a gun at one of the officers.
"Our officers were vindicated by the county prosecutor and we were expecting the same result in this litigation," Zelenak said.
"I can't even second guess the insurance company's decision to settle based on the limited information that I have. Since we're not paying for the settlement, we aren't in the position to question their actions. They are the insurance people. They decide to fight or to settle."
The insurance carrier, Michigan Municipal League Liability Pool, will pay the $1.8 million. The city's only obligation is a $20,000 deductible it has on every lawsuit filed against it.
This is the first time the insurance company has settled a suit without the city's input, Zelenak said. Most upsetting, he said, is the impression that some people may have when they hear that the city settled a million-dollar lawsuit.
"It's the perception that people will have that the officers did something wrong after they were cleared," he said.
City Manager Steve Duchane called the action "disappointing."
"What is right and wrong doesn't always have anything to do with the legal system," he said. "It's not always a justice system."
Neither the city's insurance carrier, its attorneys nor Fieger's office returned calls for comment.
Mihal, 25, of New Boston, died after a police chase turned into a deadly shooting at about 2:30 a.m. Aug. 6, 2003, near Fort and Arlington streets.
The altercation began, police said, when Mihal ran a stop sign. Officers chased him until he lost control of his car and crashed into a vacant building.
Police Officers Joseph Lavis, Frank Oziem and William Sant'Angelo surrounded the car and ultimately shot Mihal, who died at the scene. Eleven shell casings were recovered.
Prosecutors investigated the matter, as they do with all police shootings, and concluded that the shooting was justified because Mihal "was raising a gun across his body toward Officer Lavis" at the time he was shot.
According to court records, the $1.8 million is being distributed, with $818,452 going to Mihal's mother, $145,000 to his father and $100,000 each to a brother and a sister.
The remaining $636,547 is being paid to attorneys, with all but $10,000 going to Fieger's law firm.
Contact Staff Writer Jason Alley at jalley@heritage.com or at 1-734-246-0867.
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