Family members of a Brooklyn teenager who was shot and killed by police say they plan to file a Notice of Claim against the city. Family members told reporters that they planned to file the notice, which is the first step toward a wrongful death claim. Family members say police used excessive force when they shot and killed the 16-year-old in March.
Police officials have said that the teen pointed a loaded .38-caliber handgun at police. Some witnesses said police ordered the teen not to move. A neighbor, however, said that was not the case. The boy was hit by seven bullets, including three in the back.
The family’s lawyer says that after the teen was shot, police left him lying on the pavement for 15 minutes before seeking medical attention. He says video shows police taking over the block while the teen lay dying on the sidewalk.
The shooting sparked riots and protests, with dozens arrested. A spokesman says the district attorney’s office is investigating the shooting.
The family, meanwhile, had been preparing to file a Notice of Claim , which is an important step toward litigation. In this case, the family had to overcome issues with having an administrator appointed for the claim. The parents are not U.S. citizens and are estranged, and so they agreed to allow their 19-year-old daughter to be a third administrator for the case.
According to news reports, the family may file a wrongful death claim against the city if the excessive force case is not resolved in a year.
Source: New York Daily News, “EXCLUSIVE: Parents of 16-year-old boy shot by police plan to file wrongful-death lawsuit against city,” Oren Yaniv, May 8, 2013
