Deputy files civil lawsuit against 9-1-1 caller after he was injured during assault

[Onkel Neal]

Deputy files civil lawsuit against 9-1-1 caller after he was injured during assault at her home (http://abclocal.go.com/ktrk/story?section=news/local&id=9207650)

It's something you would probably least expect after calling 9-1-1 during an emergency -- a lawsuit. If a deputy was hurt, would you be financially responsible?

The deputy says he was injured when she made that call from her subdivision. In this lawsuit, he claims the homeowner failed to adequately warn 9-1-1 of the dangerous situation he was walking into.

The lawsuit just filed in Harris County is raising some eyebrows.

Sheriff's deputy Brady Pullen is suing a woman named Camina Figueroa after a 9-1-1 call the deputy responded to at Figueroa's Katy home back in December.

The lawsuit claims Pullen was violently and physically attacked by a man who'd allegedly been using bath salts as a drug for several days.

"Look, it's unprecedented" Harris County Sheriff Adrian Garcia said. "So we're allowing our legal staff to manage this case and we'll see where it takes us."

Sheriff Garcia wouldn't say much about Pullen's civil lawsuit but called the filing by his deputy unprecedented.

In the court documents, Pullen alleges Figueroa was negligent because she knew the man's mental state rendered him a danger to others.

Pullen says he suffered a broken nose, concussion, lacerations and bruises when the man in Figueroa's house attacked him. That man was ultimately shot and killed after investigators say he reached for Pullen's gun.

A frightened woman called for help saying there was an emergency at her home.
Camina Figueroa told 911 operators that her son-in-law, Kemal Yazar, was acting crazy after doing drugs, namely bath salts, for several days straight. She told them she needed an ambulance.
Along with the paramedics, Harris County Deputy Brady Pullen was also dispatched because Yazar was acting aggressively.....

I say, more power to the deputy. Figueroa allows someone in her house to do drugs, she's complicit. I bet she's no choir girl herself. This dovetails with a program I watched on the NatGeo channel, where a meth cook burned himself over 90% of his body. So, natuarally, he's in a hospital where over a million dollars has been spent to keep him alive and skin graft him back to normal. These damn freaks trash their lives then run calling for help from the police and hospital. Too bad, let them deal with it on their own.

[Stealhead]

Well I am 50/50 on this one I think a smart cop should expect the unexpected seeing as being lax could cost you your life especially in such a line of work.You never know who you are dealing with and even if you do the one time you get lax it may cost you.

I know not long after I joined the Air Force two Air Force Security Forces(cops) went to this domestic call on the base of course I do not recall what AFB it was but it was in the military papers.They had been to this same house before so where familiar with the people additionally a requirement of having firearms on base(only those living in family housing may have firearms in their residence) is that you must list all firearms you own in addition to the amount of ammunition you have.So this information would have been readily available to any officer on the base.

Long story short husband was upstairs and the two SF cops went up their to talk to him well he did not want to talk that night and shot and killed both of them as they walked up the stairs.

[WernherVonTrapp]

Filing a civil suit is something anyone can do, for just about any reason. Having your case won is a completely different story. Police have the right to file a civil suit for damages, just like any other citizen. The fact that they should expect the unexpected has no bearing. If they are injured, they are entitled to the same compensation from the parties responsible for their injuries. In civil suits, one does not have to show proof beyond a reasonable doubt, but a preponderance of the evidence.

I know of a detective who sprained his wrist while punching a resisting/fighting, arrestee, in the face. Though the suit was filed in Small Claims Court, the detective won the case and had his medical bills compensated for.:03: I suspect there's more to this case, but it does depend on evidence and circumstances, as all cases do.

[Aktungbby]

That will go nowhere: no peace officer with the amount of info from the initial call can assume anything but a worst case scenario. As a police academy post certified security officer in badass housing projects, air base police, and federal facilities such as social security myself, everyone who comes in has a problem...you let nothing surprise you; especially the mailmen lest they go postal...and they do. Poor Camina did her best to info 911 and cannot possibly be liable for the criminal acts of another. I mean really, with a name like Kemal Yazar I'd figure he was at least radicalized and lookin' for paradise at someone else' s expense ie suicide by cop. And that's a lotta paperwork at the end of a shift. Great thread Onkel Neal!:arrgh!:

[Stealhead]

Filing a civil suit is something anyone can do, for just about any reason. Having your case won is a completely different story. Police have the right to file a civil suit for damages, just like any other citizen. The fact that they should expect the unexpected has no bearing. If they are injured, they are entitled to the same compensation from the parties responsible for their injuries. In civil suits, one does not have to show proof beyond a reasonable doubt, but a preponderance of the evidence.

I know of a detective who sprained his wrist while punching a resisting/fighting, arrestee, in the face. Though the suit was filed in Small Claims Court, the detective won the case and had his medical bills compensated for.:03: I suspect there's more to this case, but it does depend on evidence and circumstances, as all cases do.

Well that is why I said I felt 50/50 about it I can certainly see what you are saying.It is true the person is accountable if their actions or lack thereof caused the LE to get injured in some way.

[Skybird]

I say, more power to the deputy. Figueroa allows someone in her house to do drugs, she's complicit. I bet she's no choir girl herself. This dovetails with a program I watched on the NatGeo channel, where a meth cook burned himself over 90% of his body. So, natuarally, he's in a hospital where over a million dollars has been spent to keep him alive and skin graft him back to normal. These damn freaks trash their lives then run calling for help from the police and hospital. Too bad, let them deal with it on their own.

I think you turn two different things into one there. Let's keep them separate. A cop called to help in a situation the caller describes as involving a crazy guy and that an ambulance is needed shouzld approach the situation cautiously and in a state of alarm and ready for defense anyway. Not only procedures, but instinct should tell him that. I refuse the case that deputy makes, therefore.


The costs to the public when expected to care for people ruining their lives by themselves, that is a very different issue. And I share your attitude. People may be free to act silly or self-damaging, and I am against over-regulating everybody's life just to rule out the many eventualities of possible accidents and crazy decisions made by some. But I insist on people having to accept more self-responsibility, and less "solidarity" by the community. I refuse to be solidaric with the stupid, the idiots, the irresponsible and the selfish. With those others who by fate's strike get into trouble without it being their fault I may claim the freedom to voluntarily declare my solidarity and help them - but I refuse that to be a legal or moral obligation.

[Jimbuna]

An interesting topic/subject matter.

A LEO is adequately trained to assess a situation as it develops but we all know the dynamics can change in a split second into something far more complicated and or serious.

The first line of the definition of a police officer in the UK states..."A police officer is a civilian appointed by the crown...."

They are covered in the course of their work by the Health and Safety at Work Act 1974 just like any other worker and I suspect it is similar in the US, so therefore have the same right to claims for damages/compensation etc.

I don't see any problem in filing a claim but doubt it will be the criminal element who will cough up but more likely the tax payer.

[AVGWarhawk]

I would believe every officer should approach a majority of the situations facing him/her with utmost caution and situational awareness. Suspect said to be on drugs. Expect and prepare for the worst. Job description for law enforcement does not portray the duty as roses.

[soopaman2]

An interesting topic/subject matter.

A LEO is adequately trained to assess a situation as it develops but we all know the dynamics can change in a split second into something far more complicated and or serious.

The first line of the definition of a police officer in the UK states..."A police officer is a civilian appointed by the crown...."

They are covered in the course of their work by the Health and Safety at Work Act 1974 just like any other worker and I suspect it is similar in the US, so therefore have the same right to claims for damages/compensation etc.

I don't see any problem in filing a claim but doubt it will be the criminal element who will cough up but more likely the tax payer.

Not the taxpayer, but the woman who called the LEO in the first place, that is what makes this so disgusting.

Next time, don't call the cops, just bludgeon them with a table leg, and hide the body, or be killed by the drug crazed animal, only 2 options that prevent you from being sued by the only prosperous union in the country.

Certainly encourages vigilante justice if your going to get sued by one of the Keystone Kops, who forgot procedure.

[Wolferz]

LEO's are not legally obligated to respond to any dangerous situation. The SCOTUS has seen to that. The deputy is well within his rights to sue but, from the description of the woman who called for assistance and the drug crazed perp who lived there, I doubt anything will come of it other than a court judgement in favor of the deputy. Collecting will be the real trick.

The deputy might be better off by counting his lucky stars that the guy didn't try to eat him.

[soopaman2]

Was the bath salts part included in the 911 call?

If so the LEO got what he deserved not shooting the bastard...

Bath salts are bad news.

I am from the school an officer should go into every situation with the worse outcome in mind, especially a domestic dispute involving drugs.

Not bashing anyone, but this officer got caught off guard and is suing someone who is evidently poor for money.

I see it as a reason to shun police in general, and thank everything I hold holy the LEOs do not treat the poorest with the same contempt here.

And people wonder why gang members shoot each other , rather than use the courts or police for justice. You might get sued as a victim needing defense from the people who are supposed to provide it.

I bet that latino name, automatically made her a bad guy in most of your eyes.

"It sends a bad message out there. And if this lawsuit succeeds, it basically shuts down 9-1-1 calls to some degree, because people will be afraid if they make the call they are going to get sued. And the sheriff should not condone this type of action," Androphy said.

[Wolferz]

Was the bath salts part included in the 911 call?

If so the LEO got what he deserved not shooting the bastard...

Bath salts are bad news.

I am from the school an officer should go into every situation with the worse outcome in mind, especially a domestic dispute involving drugs.

Not bashing anyone, but this officer got caught off guard and is suing someone who is evidently poor for money.

I see it as a reason to shun police in general, and thank everything I hold holy the LEOs do not treat the poorest with the same contempt here.

And people wonder why gang members shoot each other , rather than use the courts or police for justice. You might get sued as a victim needing defense from the people who are supposed to provide it.

I bet that latino name, automatically made her a bad guy in most of your eyes.

I agree with every point except the last one. Regardless of the woman's surname, she was a victim of a drug addict and was in fear of her life. Claiming all or some of us as being prejudiced is an unfair blanket accusation.

The deputy should simply treat it as an on the job injury and file a workman's comp claim and leave it at that. Bringing suit against a victim will set a disturbing precedent.

[kranz]

At first I though the news came from theonion.
Then I saw it was Neal who posted it so I was amazed.
Then I read the story and I was amazed even more.
Really?
The first lesson we had about American culture was like that: the teacher pointed to a map of the USA and said: compensation culture.

I can understand people suing MacDonalds for buying a hot coffee and not being informed on the cup that the coffee is hot. I can perfectly understand that people may be more dumb than greedy. No problem with that.

But a cop suing somebody for not having been informed that this is actually not an invitation for a BBQ or poker is just ridiculous.
A trained cop with a gun gets beaten by an unarmed perpetrator. Blame the caller.

If I were that lady, I would sue the police for sending a negligent idiot wearing a uniform and a gun to handle my call.
Compensation culture.

[Aktungbby]

LOS herr Kranz!:arrgh!:

[Garion]

Here's one from England, I say England because Scottish law is different in a whole of of ways.

http://akashictimes.co.uk/to-sue-and-protect-policewoman-sues-crime-victim-for-falling-over/

Her Chief Constable is not very happy :arrgh!:

Cheers

Gary

[Wolferz]

Here's one from England, I say England because Scottish law is different in a whole of of ways.

http://akashictimes.co.uk/to-sue-and-protect-policewoman-sues-crime-victim-for-falling-over/

Her Chief Constable is not very happy :arrgh!:

Cheers

Gary

Was the officer not issued a torch?:-? A flashlight for our American readers.

[soopaman2]

No victim wants to be a victim.

In all seriousness, why would any police force in any country wish to alienate those they protect and serve...

Unless their idea of service is as long as they are not hurt or miss their coffee break.


It is not like she filed false claims, I can understand suing then, she seeked protection, and got it, at a price.

Why bother next time, just let him kill you, or kill him, cannot depend on the police...

That is what this says to me, might get sued if the poor baby is inept in his training.

(edit. A loss in policing faith, is the first step in a loss of public faith as a whole.

The police is most peoples justice, is this what they get?

[Skybird]

If the police, for whatever a reason, does an inadequate job in providing protection, safety and crime investigation, nobody should be surprised or complain about private people taking these things in their own hands.

[Armistead]

I would have no problem if cops sued people that hurt them, not people that report to 911. Regardless of her situation, she has the right to report. Responding to a 911 call should be enough to put a cop on his toes.

My brother n Law pulled someone to give a ticket, drunk man bit him on the hand causing a severe infection. He filed a suit and won, but didn't really get anything.

As stated, if I saw a drunk carrying a stick and just called 911 reporting a drunk, forgot to mention stick and he beat the cop, not my problem. People screw up facts all the time making calls. The lady did her job, the cop didn't.
If he hadn't shot the guy, I would have no problem suing him or even his estate. Good luck!

[soopaman2]

If the police, for whatever a reason, does an inadequate job in providing protection, safety and crime investigation, nobody should be surprised or complain about private people taking these things in their own hands.

George Zimmerman did that, now his entire family has to hide., despite the verdict...

This is one step in a systematic loss of good faith in the police that will tear our nation apart one day.

They do not protect and serve us anymore, they are all homeland security officers now, above us proles.

They do not serve the people but thier politician masters.

Huge loss of faith here...

[Wolferz]

Never forget...
When you're only seconds away from being robbed and murdered, the police are only minutes away. Well, depending on call volume and traffic of course.:hmmm: