Mother of woman slain by Phoenix police files $7 million claim

[Omaha Steve]

Source: Reuters

BY DAVID SCHWARTZ

The mother of a mentally ill Arizona woman who was fatally shot last August by a Phoenix police officer has filed a $7 million wrongful death claim against the city, alleging excessive force and police brutality, officials said on Wednesday.

The claim, a precursor to a civil lawsuit, says the officer violated city policies in connection with the death of Michelle Cusseaux, killed last year as she confronted officers with a claw hammer at the threshold of her apartment.

Cusseaux, 50, was hit with a single bullet fired by Sergeant Percy Dupra at close range after officers were called to the home to serve an emergency court order to take her to a mental health facility. She was later pronounced dead.

“The mentally ill are among the most vulnerable of all citizens,” stated the claim, filed last Friday on behalf of her mother, Frances Garrett. “The Phoenix Police Department is charged with their protection not their execution.”

FULL story at link.


Read more: http://www.reuters.com/article/2015/02/11/us-usa-phoenix-shooting-idUSKBN0LF28720150211

[FLPanhandle]

1. Not sure how she can win.

If the mentally ill woman was armed and shot at close range, it's going to be hard to make a case for an justified shooting. The officer didn't shoot from far away, so can claim self-defense.

I supposed the officers could have run away when she opened the door with a claw hammer.

It will depend if she outright attacked the police when opening the door or was she just holding a hammer.

It can be tough to deal with the mentally ill even for mental health professionals.