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ARTICLE ID 194826

$________ – CIVIL RIGHTS – USE OF EXCESSIVE FORCE – WRONGFUL DEATH OF 15-YEAR-OLD – PLAINTIFF ALLEGED THAT DEFENDANT OFFICER PUSHED MINOR INTO AN ONCOMING CAR, RESULTING IN CHILD'S DEATH

USDC, District of Massachusetts

In this civil rights matter, the plaintiff alleged that the defendant officer used excessive force, which resulted in her minor son being attacked by the officer and killed by an oncoming car when he was pushed into traffic. The defendant denied the allegations and disputed that there was any negligence on his part, or use of excessive force.

The 15-year-old male decedent, along with some friends, was riding his bicycle on the evening of July 16, ________. The defendant officer stopped the boys, but the plaintiff’s decedent did not immediately comply with the officer’s request. The officer’s actions toward the child, repeatedly grabbing at the child’s throat when he refused to terminate a cell phone call, caused the child to spin backward into the road and into the path of an oncoming car. The child was struck and killed. The plaintiff brought suit against the defendant, alleging that the defendant was negligent in violating the child’s civil rights, and in using excessive force which resulted in the child’s death.

The defendant denied any wrongdoing, and maintained that he had reason to stop the children since they were trespassing on the property of a car dealership where there had been a history of break-ins. The defendant argued that the child was non compliant and refused to speak to the officer and ran out in to the street, where he was struck by the car and killed.

The matter proceeded to trial over a period of three days.At the conclusion of the trial, the jury deliberated approximately seven hours and returned its verdict in favor of the plaintiff and against the defendant. The jury awarded the plaintiff the sum of $________ in damages.

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