Austin police officer sues driver who injured him in the line of duty www.privateofficer.com

 

 

Austin TXMarch 16 2012 An Austin police officer who was struck by a car that officials have said was fleeing — an action that led his patrol partner to fatally shoot a passenger — sued the car’s driver Wednesday, taking an unusual step among police in seeking damages from a suspect who injured them in the line of duty.

The lawsuit, which was filed by officer Jeffrey Rodriguez, seeks an unspecified amount in damages for past and future medical expenses for a leg injury inflicted by the car’s 16-year-old driver, identified publicly for the first time as Leyumba Webb.

The action comes the week after a Travis County grand jury declined to indict Rodriguez’s partner, officer Nathan Wagner, for fatally shooting 20-year-old Byron Carter Jr. in May. Police Chief Art Acevedo also said last week that Wagner will face no departmental discipline.

“We want to tell would-be criminals that you cannot, under any circumstances, harm our officers,” Austin attorney James Wood, who is representing Rodriguez, told the American-Statesman. “It’s the right precedent to set for our city’s safety and our future.”

But the lawsuit rubbed already raw emotions for others upset that Wagner will face no punishment.

“They know this entire situation is wrong, and so now they are just trying to create another public distraction,” said Nelson Linder, president of the Austin chapter of the National Association for the Advancement of Colored People.

Webb’s mother could not be reached for comment.

Rodriguez, who suffered a ruptured Achilles tendon, has returned to regular police duty. Webb was initially charged with aggravated assault on a peace officer and evading arrest or detention in a motor vehicle, but a Travis County grand jury in September declined to indict him — a decision that frustrated many officers.

Officials have said the confrontation between the officers and the men began after police noticed them acting suspiciously and later approached a car they were in.

Travis County District Attorney Rosemary Lehmberg said in a news conference last week that Webb told investigators that they were preparing to leave when Carter shouted, “Go,” as though they were in danger. The driver admitted he saw someone outside the vehicle wearing a dark shirt, but he did not identify him as a police officer, Lehmberg said.

Wagner heard Rodriguez scream and saw him fall down. Thinking his partner was being run over or dragged, Wagner pulled out his gun and fired five shots into the car, striking Carter, officials have said.

According to the suit filed Wednesday, crack cocaine, marijuana and many loose dollar bills found at the scene “help to explain the driver’s clear intent to run from the police no matter what the consequences.”

“Because Webb was parked in a tight parallel spot with his driver side facing a curb, he had only one route out,” the suit says. “Webb revved the engine and cranked the wheel to the right in order to squeeze out onto his escape path.

“Officer Rodriguez locked eyes with Webb through the windshield of the car. Nonetheless, Webb hit the accelerator, crashed into the car in front of him and proceeded to run over Officer Rodriguez’s leg,” the suit said.

Law enforcement experts say it is rare for a police officer to sue a suspect.

But Charles Drago, a former Florida police chief who works as a law enforcement consultant, said it has become increasingly frequent in recent years as officers begin realizing they have that option.

But they often face several hurdles, Drago said. Among them: Many criminal suspects do not have significant financial assets, so many lawyers won’t pursue the case.

“It’s fairly rare that they get any money,” Drago said.

Another law enforcement consultant, William T. Gaut, also said the move is uncommon because injured officers are usually already well-covered by insurance. If they suffer a career-ending injury, usually they have pensions to fall back on, Gaut said.

But such suits are not unheard of, either.

In January, a Fairfield, N.J., police officer filed a $25 million lawsuit against a man accused of shooting him six to nine times in a parking lot. The officer in that case had several surgeries before returning to duty, the Newark Star-Ledger reported.

The officer’s lawsuit also named the person who provided the weapon to the suspect and a dealer who sold it illegally, though their names were not released.

In Central Texas, a few police officers have successfully sued suspects who injured them, including a Lakeway officer who prevailed in court in 2006 and was awarded $47,000. Officer Hector Almaguer suffered a concussion and torn muscles when he was attacked during a domestic disturbance in 2003, his suit said.

Attorney Kevin Madison, who has worked as a police officer, represented Almaguer and said he also has handled a handful of similar cases in which police sued suspects during the past 15 years.

“I think officers are starting to understand, and I try to educate them, that just because they wear a badge that being assaulted isn’t part of the job.”

Source:the Statesmen