Wrongful Death Lawsuit Filed Against Lafayette Police

LAFAYETTE — The family of a man who was shot and killed by a police officer last year filed a federal lawsuit seeking damages for his alleged wrongful death.

Eleven of Shane Damond’s family members have signed onto the wrongful death and deprivation of civil rights lawsuit, which was filed Friday.

The lawsuit names as defendants Officer Michael Milazzo, Lafayette Police Chief Jim Craft and the city of Lafayette.

Authorities have said that Milazzo was patrolling in the Mudd Avenue and Louisiana Avenue area on July 26, 2008, when he spotted a car — reported stolen three days earlier — in the parking lot of a Circle K store.

When Milazzo approached the car, Damond, who was the driver, began backing up the car, dragging Milazzo with it.

Milazzo fired his pistol and struck Damond, 37. He was taken to a local hospital, where he was pronounced dead.

District Attorney Mike Harson’s office brought the case before a grand jury to avoid any appearance of impropriety, because it involved an officer.

A grand jury returned a no true bill in April.

The lawsuit offers a different version of events and states that without acting in violation of any law, Damond was “unexpectedly and violently attacked without provocation” by Milazzo.

“Upon being shot, Shane Damond, remained conscious but slumped to his side in obvious agony. Shane Damond died of his wounds several minutes later,” the suit states.

The suit accuses Milazzo of “resorting immediately to lethal force without any effort whatsoever to arrest, apprehend and/or subdue the deceased.”

The suit further alleges that Milazzo did not warn Damond of his intention to use deadly force nor did he call other officers to assist him.

The suit lists Craft as a defendant because he is Milazzo’s superior and therefore responsible for his training.

This article was written by Jason Brown of The Advocate
http://www.2theadvocate.com/news/51829892.html

The death of a loved one is not the only loss a family suffers in a wrongful death suit. There are many financial obstacles that must be overcome, like funeral and burial costs, incurred debts, mortgage payments, childcare expenses and the loss of potential income by the deceased. The attorneys at Murphy Law Firm represent families who have lost a loved one due to a wrongful death.
http://batonrougeinjuryaccidentattorney.com/wrongful%20death.html