Posted on 09/27/2017 8:30:38 AM PDT by Snickering Hound
A federal judge has ordered a former Texas police officer to pay $6.3 million to the family of an Iowa man who died in his custody.
William Livezey Jr., 70, died from a heart attack he suffered after being handcuffed by Malakoff Police officer Ernesto Fierro on the side of Texas State Highway 31 in Malakoff on Dec. 11, 2013.
Livezey was delivering reclaimed lumber from his business in Taintor, Iowa, to someone in Houston when Fierro stopped him, Fierro claimed Livezey had driven aggressively and repeatedly tried to run him off the road, however witnesses made the same claim about Fierro.
"According to witnesses, officer Fierro drove recklessly or aggressively next to Mr. Livezey and waved to him to pull over," "Officer Fierro's motorcycle was weaving erratically from side to side, and darted in front of Mr. Livezey's truck approximately 15 times, forcing him off the road onto the shoulder. One witness stated that he had to get off the road to avoid being hit by officer Fierro, and that officer Fierro almost hit another truck."
"Mr. Livezey was handcuffed with his hands behind his back and was leaning against his truck. His voice was shaky, and he told the officers he was not feeling well, his chest was hurting, and he thought that the other man was going to hurt him. Officer Fierro said that Mr. Livezey was 'faking' and just 'putting on a show' claiming shortness of breath to get out of going to jail,"
Livezey would be transported from the scene via ambulance and pronounced dead shortly thereafter due to a heart attack induced by the preceding events. Fierro was later convicted of aggravated assault and other charges in connection with his role in the arrest and fired from the police department, court documents stated.
(Excerpt) Read more at chron.com ...
So where does this a$$hole get the $6.3 million? From the agency for whom he worked? I doubt if he could come up with that kind of money if he worked and contributed his whole life.
How is this not an “excessive fine”?
Charge the man with a crime if a crime was committed.
What’s wrong with lights and siren?
He probably had professional liability insurance.
So he doesn’t pay. His insurance pays. And rates will go up on all the police.
Or they could garnish his wages from here to kingdom come. Bankruptcy doesn't hurt like a heart attack. It's not like they're putting him in the morgue.
We have an MC officer locally that has a napoloeon complex. Short and squat, and takes it out on local motorists that do 26 in a 25 mph zone.
“Charge the man with a crime if a crime was committed.”
Fierro was later convicted of aggravated assault and other charges in connection with his role in the arrest and fired from the police department, court documents stated.
I love to hear the officer is being held personally accountable. The only way to end officer abuse is to remove the Union shield, the organizational shield and make it personal.
Bad Cop running his own personal fiefdom.
He should be jailed until he pays every dime.
“Charge the man with a crime if a crime was committed.”
“Fierro was later convicted of aggravated assault and other charges in connection with his role in the arrest and fired from the police department”
and it wasn’t a “fine”, it was a civil award for wrongful death, which was a no-brainer given that the cop was CONVICTED of criminal behavior for the wrongful arrest.
around here, the cops ALWAYS take folks to the hospital first after an arrest at the first sign of complaint or distress, even if it could be faking. it’s not the job of cops to kill citizens for putative traffic offenses.
“takes it out on local motorists that do 26 in a 25 mph zone.”
i’m surprised the courts go along with that. around here, state, county and local cops generally won’t issue a ticket for speeding unless it’s at least 10 miles over the limit (excepting in school zones when the warning lights are blinking), because the courts don’t have time to hassle with ridiculously stupid stuff with such low fines. besides, it’s too easy to challenge the accuracy of the speed guns, speedometers, tire diameters and such for such a small differential and the fines are too low to cover the costs.
[[around here, the cops ALWAYS take folks to the hospital first after an arrest at the first sign of complaint or distress, even if it could be faking.]]
Yup- that is standard policy these days- just to cover themselves legally
I doubt police have professional liability insurance.
Usually the employer is responsible for any liability of its employees. I would think professional liability insurance is something that is purchased by people who own their own business or a public employer such as a police force, and not by people who are employed by others.
I've never heard of an employer not being held accountable. Seems to me that the judge has a thing against cops.
No wage garnishment in Texas.
Unless you're the IRS or a family court...
“Seems to me that the judge has a thing against cops.”
You mean the judge is an asshole because he thinks that the Constitution applies even if some idiot jacktard with a badge is mad at you?
Really, what’s the world coming to when a judge doesn’t like angry, out of control cops?
“How is this not an “excessive fine”? Charge the man with a crime if a crime was committed.”
Civil lawsuit. Not a criminal fine.
Medical professionals almost always carry their own insurance in case they are sued.
I bet you law enforcers do too. Article mentioning officers buying insurance
I’m past the point that I would be okay with eliminating wrongful death lawsuits entirely. It’s a criminal matter and it should only be a criminal matter. Shit happens.
Nowadays, perhaps they are afraid of liberal judges and inner city juries. If they follow the rules, they shouldn't need liability insurance if they make a mistake.
Here's an interesting article that explains when an employer or an employee may be held liable.
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