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Innocent Bystander Shot by Police Can’t Sue NYC

Richard Gooding was engaged in a shoot-out with the police in the City of New York. During the course of the gun battle, he was killed. Tammy D. Johnson was in the area of the police gun battle. Upon hearing the shots being fired, she dove behind a parked sport-utility vehicle. She watched the gun battle take place. During the course of the gun battle, she was hit in her right elbow by a bullet fired by one of the police officers. Her 19 month old daughter was also grazed by a bullet fired by the police.

Ms. Johnson Sues The New York City Police Department

Ms. Johnson sued the New York City Police Department for her injuries. Susan Paulson, the assistant New York City Corporation Counsel representing the City of New York on this case, stated “The police officers’ split second tactical decision to use deadly force is protected from second guessing where, as here, the police properly followed established police guidelines.”

New York City Police Commissioner Raymond W. Kelly also made a statement regarding this incident. He said, “The decision reaffirms the New York City Police Department’s existing practices and comes after examination of police-involved shootings last year that showed that the police department reached an all time low in the number of times officers resorted to deadly force and in the number of bullets fired.”

Court of Appeals Dismisses Case

The New York Court of Appeals, the highest appeals court in the State of New York, rendered a decision on this case that stated: “the officers clearly had probable cause to fire their weapons at the suspect. They were in pursuit of an armed individual who opened fire on them on a public street, endangering the lives of the officers and the public”.

At the time of the trial, the police officers testified that they had a clear view of the suspect. They were unaware that there were any bystanders in the area. They also testified that they followed police procedures to minimize any potential of injuries to the general public.

Legal Services Provided by Our Firm

Our office represents families who are confronted with wrongful death cases. We have extensive experience in handling auto accident cases. Slip and fall cases in residences, on side walks, in buildings and other structures are also aggressively litigated by our law firm. Should you, a friends or family member be injured, contact a personal injury attorneys at the office of Elliot Schlissel. You can reach us 24/7 at 1-800-344-6431, 516-561-6645 or 718-350-2802.

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