Unlawful police shootings are tragic reminders that sometimes the very people entrusted to serve the public can violate the law. When someone is killed at the hands of the police, the legal process can be lengthy ordeal.
Such was the case of Gilbert Rush Jr., who was killed in February 2007 when the Allied Special Operations Response Team (ASORT) raided his home to search for stolen property. His family members brought a wrongful death lawsuit against the City of Mansfield, Richland County and a number of other government entities for their roles in Rush's shooting death.
Under Ohio law, spouses and children of people killed through negligent acts may bring wrongful death lawsuits to recover money damages to compensate for future lost income, loss of consortium (or companionship) from the deceased, as well as mental pain and anguish caused by such an unfortunate death. The damages afforded to survivors can be based on the decedent's age, occupation and potential earning capacity.
The case was a complex and thoroughly litigated matter, with 45 depositions, 270 pleadings and a number of appeals. Nevertheless, the Rush family recently reached a settlement with other defendants named in the case, including the City of Shelby, police Captain Lance Combs, and the Village of Lexington.
Last week, a jury trial in Youngstown ruled that the remaining defendants (Mansfield and Richland) were not liable in Rush's death. The Mansfield Police Department and the Richland County Sheriff issued a statement offering their sympathy to Rush's family while praising the jury's decision.
If you have questions about wrongful death lawsuits, an experienced personal injury attorney can advise you.
Source: MansfieldJournal.com, Ruling brings end to long wrongful death case, October 19, 2012