Friday, August 22, 2008

GREAT MOMENTS IN LAW ENFORCEMENT

Overlawyered - Last year in Shingle Springs, Calif., a schizophrenic 34-year-old named Eddie Mies gunned down his father and then engaged in a shootout with sheriff's deputies which resulted in his own death and the wounding of three deputies. Now two of the deputies have sued Karen Mies, mother of the slain gunman and widow of his slain father, as well as her late husband's estate and surviving son for a combined $8 million for "for emotional distress, medical expenses, loss of earning capacity, and punitive damages." They claim the family should have controlled Eddie better, and say the deputies "suffered anxiety and humiliation" in addition to their physical injuries.

Attorney Phillip Mastagni of Sacramento, "whose family law firm works for police unions across Northern California", is representing the two deputies, Jon Yaws and Greg Murphy, in the suit filed in El Dorado County. Mastagni says he is confident that the suit will overcome the "firefighters' rule", a doctrine that historically has barred lawsuits by public safety officers against those whose negligence has allegedly led to emergencies. The rule has decayed considerably in recent years in some jurisdictions, and suits by firefighters, police, paramedics and other rescuers have multiplied.

The defendant, Mrs. Mies, a hospice nurse, had this to say: "June 5 was a tragic day for me and my family, and it was a tragic day for the deputies who were injured," Karen Mies said. "We were all victims that day. But this lawsuit is victimizing our family again. What do they want? My husband's dead, my son's dead. Do they want my house and my 10-year-old car?"

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