June 4, 2010
Estate of Man Killed by Police at Club Babylon Sues Huntington, Police Officer for Wrongful Death, Alleged Civil Rights Violations
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) – A Cabell County Grand Jury found nothing wrong in the police shooting of Joseph Porter at Club Babylon in 2009. However, the man’s estate filed a federal complaint against the city and Officer Ronald Lusk alleging that Porter was shot “through the right arm into the chest without provocation.”
The main body of the complaint alleges that after sustaining the bullet wound and slumping to the floor, Porter was turned on his chest and handcuffed by one or more HPD officers, the officers failed to bring medical aid to Porter in a timely manner. Instead, the complaint states that “officers restrained, threatened and/or intimidated potential witnesses of the shooting.”
Specifically, attorney Dwight Staples of Henderson, Henderson & Staples and attorney Patrick Cassidy of Cassidy, Myers Cogan & Voegelin (Wheeling, WV) alleged a policy by the City of Huntington and its police department of the “use of unnecessary and /or excessive force” in carrying out their law enforcement duties and “uncritical supporting of police officers who engage in such conduct.”
In addition to the federal civil rights violations, the complaint alleges common law and state Constitutional violations by the use of excessive force and did so in a “wanton and reckless” manner.
The complaint seeks a jury trial and damages up to the maximum allowed by liability insurance for the government agency or political subdivision.
Although an internal investigation by HPD and a Cabell County grand jury cleared Officer Lusk of wrongdoing in the incident, the standard of proof in a civil suit is far less than a criminal action. The state’s burden of proof for criminal charges is beyond a reasonable doubt (which can be interpreted as 99.9% in the jury’s mind), while the civil standard is preponderance of evidence (which can be interpreted as 51%-49% in the jury’s mind).
Speaking to the Herald-Dispatch, Huntington Police Chief Skip Holbrook said, "I'm certain there is no wrongdoing on the city's part. When we do things the right way, follow policy and procedure and the law, we will absolutely defend our self."
At last month’s news conference, police and prosecutors revealed the investigation showed that Officer Lusk fire in response to Porter pointing a .45 caliber handgun at the officer. At that news conference, Holbrook stated officers did not know of Porter’s injuries until they turned him over.
The police department reported that an ambulance crew arrived at 3:14 a.m. about eight minutes from the initial report. The ambulance arrived at the hospital at 3:33 a.m.
This initial time line conforms with the initial 3:07:15 a.m. dispatch of “shots fired” in the “front of [Club Babylon], 831 Fourth Avenue.”
To read the U.S. District Court complaint, click here to download a PDF copy.
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Estate of Man Killed by Police at Club Babylon Sues Huntington, Police Officer for Wrongful Death, Alleged Civil Rights Violations
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) – A Cabell County Grand Jury found nothing wrong in the police shooting of Joseph Porter at Club Babylon in 2009. However, the man’s estate filed a federal complaint against the city and Officer Ronald Lusk alleging that Porter was shot “through the right arm into the chest without provocation.”
The main body of the complaint alleges that after sustaining the bullet wound and slumping to the floor, Porter was turned on his chest and handcuffed by one or more HPD officers, the officers failed to bring medical aid to Porter in a timely manner. Instead, the complaint states that “officers restrained, threatened and/or intimidated potential witnesses of the shooting.”
Specifically, attorney Dwight Staples of Henderson, Henderson & Staples and attorney Patrick Cassidy of Cassidy, Myers Cogan & Voegelin (Wheeling, WV) alleged a policy by the City of Huntington and its police department of the “use of unnecessary and /or excessive force” in carrying out their law enforcement duties and “uncritical supporting of police officers who engage in such conduct.”
In addition to the federal civil rights violations, the complaint alleges common law and state Constitutional violations by the use of excessive force and did so in a “wanton and reckless” manner.
The complaint seeks a jury trial and damages up to the maximum allowed by liability insurance for the government agency or political subdivision.
Although an internal investigation by HPD and a Cabell County grand jury cleared Officer Lusk of wrongdoing in the incident, the standard of proof in a civil suit is far less than a criminal action. The state’s burden of proof for criminal charges is beyond a reasonable doubt (which can be interpreted as 99.9% in the jury’s mind), while the civil standard is preponderance of evidence (which can be interpreted as 51%-49% in the jury’s mind).
Speaking to the Herald-Dispatch, Huntington Police Chief Skip Holbrook said, "I'm certain there is no wrongdoing on the city's part. When we do things the right way, follow policy and procedure and the law, we will absolutely defend our self."
At last month’s news conference, police and prosecutors revealed the investigation showed that Officer Lusk fire in response to Porter pointing a .45 caliber handgun at the officer. At that news conference, Holbrook stated officers did not know of Porter’s injuries until they turned him over.
The police department reported that an ambulance crew arrived at 3:14 a.m. about eight minutes from the initial report. The ambulance arrived at the hospital at 3:33 a.m.
This initial time line conforms with the initial 3:07:15 a.m. dispatch of “shots fired” in the “front of [Club Babylon], 831 Fourth Avenue.”
To read the U.S. District Court complaint, click here to download a PDF copy.
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Make HNN Your Homepage (IE Users Only)
