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Old Aug 16, 2013, 10:22 AM   #1
rdowns
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Texas deputy sues family who called 911 for help

I think someone needs to explain his job to him, then fire him.

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A Harris County sheriff's deputy is suing the family of a man he shot and killed when assisting on a call last December, saying they failed to warn emergency personnel and law enforcement that the man was a "violent threat."

Deputy Brady Pullen is seeking $200,000 from relatives of Kemal Yazar, who authorities said confronted EMS workers who responded to a 911 call at a Katy home. The man's wife, authorities said then, had told EMS that Yazar was acting irrationally.

Two deputies, including Pullen, who were called to help struggled with Yazar and used a Taser on him, officials said then. Both deputies fired shots at him, killing him. Pullen was injured and taken to a hospital for treatment of a concussion, cuts and a bite.
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Pullen's lawsuit seeks damages for past and future medical expenses, past and future mental anguish, physical disfigurement and impairment, future and past pain and suffering, and loss of earning capacity.
http://www.chron.com/news/houston-te...php?cmpid=hpfc
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Old Aug 16, 2013, 11:15 AM   #2
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Originally Posted by rdowns View Post
I think someone needs to explain his job to him, then fire him.

http://www.chron.com/news/houston-te...php?cmpid=hpfc
I think he should sue. But, not the family. He should sue the Harris county sheriffs dept for not training him to deal with drug-impaired, mentally-ill, or otherwise unstable or diminished capacity people in any way except to taser and/or shoot to kill. Why doesn't Harris county have mental units to deal with situations like this?
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Old Aug 16, 2013, 11:22 AM   #3
LIVEFRMNYC
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How dare someone call the cops into a dangerous situation.
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Old Aug 16, 2013, 01:13 PM   #4
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Originally Posted by rdowns View Post
I think someone needs to explain his job to him, then fire him.
Oh, look...Texas.
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Old Aug 16, 2013, 01:22 PM   #5
TheHateMachine
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Better not call 911 if this goes through. Imagine an EMT banging his knee when they load the gurney into the ambulance and suing... or better yet a fireman suing you because when he was hosing down your house he got burned.

I've heard rumblings that this is a counter suit to an original one (wrongful death) brought on by the family.

Still sounds ludicrous regardless.
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Old Aug 16, 2013, 07:46 PM   #6
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Why wouldn't a cop injured in the line of duty be taken care of by worker's comp, or something like that?

If they are insured against injury, why sue the family to cover these costs?

From the OP's article ...

Quote:
Legal scholar T. Gerald Treece said the lawsuit likely would not prevail because of the understood risks involved in law-enforcement.

"I predict it will lose on summary judgment because with law-enforcement, firemen and soldiers, there's an inherent risk doctrine that when things happen to you, it is the inherent risk of your profession," said Treece, associate dean and professor of law at South Texas School of Law
That makes sense to me.

Throw this lawsuit out.
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Old Aug 16, 2013, 08:01 PM   #7
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Hopefully they have a nice smartass lawyer who will counter sue the deputy for killing their family member, if they cannot get it thrown out quickly.

Happens enough these days where the police training comes into play for unwarranted killings during altercations, if the officer is dumb enough to open himself up to a counter suit -- he deserves it.
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Old Aug 16, 2013, 08:29 PM   #8
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Originally Posted by citizenzen View Post
Why wouldn't a cop injured in the line of duty be taken care of by worker's comp, or something like that?
Probably because this happened in Texas.
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Old Aug 17, 2013, 06:59 AM   #9
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Originally Posted by citizenzen View Post
That makes sense to me.

Throw this lawsuit out.
There are some exceptions but the same general risk theory exists in California for law enforcement and firefighters. Law suits like this aren't too common but in those I've seen what generally happens is the respondent's attorney (personal, homeowners or auto) fires a letter to the petitioner's attorney claiming the legal protection and offering a small settlement to drop the case. Otherwise the respondent will ask the court for a summary judgement and if granted will also include an order for the petitioner to pay all the respondent's legal expenses. And the world turns...
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Old Aug 17, 2013, 07:14 AM   #10
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Originally Posted by samiwas View Post
Oh, look...Texas.
Cool. We haven't had a ridiculous story coming out of Texas for...

(checks watch)

...oh, fifteen minutes.
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Old Aug 17, 2013, 07:23 AM   #11
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Originally Posted by samiwas View Post
Oh, look...Texas.
Your confusion is understandable. You were expecting Florida, weren’t you?
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Old Aug 17, 2013, 02:18 PM   #12
ThisIsNotMe
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Originally Posted by TheHateMachine View Post
Better not call 911 if this goes through. Imagine an EMT banging his knee when they load the gurney into the ambulance and suing... or better yet a fireman suing you because when he was hosing down your house he got burned.

I've heard rumblings that this is a counter suit to an original one (wrongful death) brought on by the family.

Still sounds ludicrous regardless.
And the family suing the taxpayer is equally ludicrous.
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Old Aug 17, 2013, 04:03 PM   #13
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Originally Posted by ThisIsNotMe View Post
And the family suing the taxpayer is equally ludicrous.
Because wrongful death isn't worth suing over?

I am not saying that I believe it was wrongful death.

However, if the family—some of whom witnessed the incident—believes the man was wrongfully killed, why is it ludicrous for them to file suit?
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Old Aug 17, 2013, 04:25 PM   #14
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If the man was acting under the influence of drugs, and, the deputy did as he was trained to do, then, legally speaking, it probably wouldn't be a wrongful death (a legal term):

http://en.wikipedia.org/wiki/Wrongful_death

However, that does not mean that it was not an unnecessary death. By both the official description and the family description of what happened, a trained Psychiatric Emergency Response Team (PERT -- but, there are several variations of name/acronym) would have been able to handle this situation without shooting the subject.

http://www.countynewscenter.com/news...aw-enforcement

http://www.comresearch.org/pert.php
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Old Aug 17, 2013, 04:42 PM   #15
citizenzen
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Originally Posted by jnpy!$4g3cwk View Post
If the man was acting under the influence of drugs, and, the deputy did as he was trained to do, then, legally speaking, it probably wouldn't be a wrongful death (a legal term):

http://en.wikipedia.org/wiki/Wrongful_death
Thanks for the clarification.

Let me phrase the question in a more general way.

ThisIsNotMe, if the family thought the police officer killed the man without sufficient cause and wanted to sue, why would that lawsuit be ludicrous?
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