McKinneys seek $100M (Ball State University Shooting)

Ball State Daily News ^ | 02.10.04 | Jon Seidel

[Dr. Marten]

The family of Michael McKinney has hired a Michigan lawyer, one of the nation's winningest in multimillion-dollar lawsuits, to file a $100 million federal civil rights lawsuit against Ball State University and University Police officer Robert Duplain.

Geoffrey Fieger, of Southfield, Mich., will announce the lawsuit at a press conference this morning at a downtown law firm in Muncie. The suit will be filed in Indianapolis immediately after.

[Dr. Marten]

Background Links

 

McKinney remembered by friends, family amid questions of 'why?'

 

UPD methods changing

 

OUR VIEW: Another look could eliminate fear of bias

 

OUR VIEW: Tell students the facts

 

Family asks for gun removal

 

Ball State internal investigation complete

 

Duplain will not face charges

 

OUR VIEW: Open the door

 

[Dr. Marten]

This lawsuit is completely rediculous.

They want to sue the Ball State University and the officer involved because he was doing his job while their son was running around at wee ours of the morning with a BAC level that was 8 times the legal limit. (.38)

Not to take away from the loss of their son, but when do people start taking personal responsibility for their actions?

Had this young man not been running around as he was, the police would not have been called and ultimately, McKinney would not have been shot.

Why sue the cop? Yes, it could be argued that he did not have adequate training to handle such a sitiation and if he did have, perhaps he would have handled it differently. However, the point of responsibility belongs squarely on Mr. McKinney. A little responsibility on his part would have prevented this whole incident.

[Dr. Marten]

* wee Hours

[ClintonBeGone]

I thought it was Cynthia McKinny who hired Fieger.

[Glenn]

BAC level that was 8 times the legal limit. (.38)

The legal limit is .0475?

[Kakaze]

" 8 times the legal limit"

4 times either way it was excessive.

"Why sue the cop? Yes, it could be argued that he did not have adequate training to handle such a sitiation and if he did have, perhaps he would have handled it differently. However, the point of responsibility belongs squarely on Mr. McKinney. A little responsibility on his part would have prevented this whole incident."

Why sue the cop& the university (employer) lets see improperly trained and equipped for one thing. There were lots of mistakes made that morning, one by a college student who was out of line.....certainly nothing to die for.

The most egregious error is whats been going on at Ball State and other universities around this country. Namely they hire young men as police officers and put them on the street without proper training and supervision. Just because he can fire a weapon doesn't mean he's been taught or developed the maturity to use it. This man should have had a veteran officer with him period. In another article, it stated the officer didn't even have a pepper spray on him, that might have changed the dynamic of the situation.

Unfortunately for all involved one young man is dead, and another will have to live with the fact he over reacted, there are no winners, just loosers in this situation.

A situation that could have been avoided by a responsible approach to training and deployment by the university.

[FreePaul]

...while their son was running around at wee ours of the morning with a BAC level that was 8 times the legal limit. (.38)

I didn't know that there was a BAC level legal limit for people "running around." In any case I don't think that the death penalty is proper punishment.

[lupie]

I have 2 (very conservative) daughters who go to Ball State (BSU), a liberal arts college, and have been semi keeping up with this story.

He wasn't just "running around". He had been furiously banging on a door of some lady who was scared to death he was trying to come in and attack her or whatever. She called the Muncie police but where she lived was close enough to campus that the Muncie police let the Ball State police patrol the area. When the young, inexperienced cop got that, he couldn't reason with the kid and instead, from what I remember, the kid lunged at him.

I agree with Kakaze that the officer should not have been on the job yet, being so inexperienced to handle a report of an attempted break-in, or at least should have had someone with him or pepper spray or whatever, but I don't think suing Ball State is the answer.

The kid was way out of control with that high of a BAC level, the Muncie police should have repsonded, not an inexperienced young university "cop". I think the blame is not just on BSU, but on the kid who was shot and killed, the parents who do not condone such drinking that he did, the municipal police department, the BSU police and the officer, and who knows who else. The whole incident is very tragic, but it is no one person's/organizations fault. What makes it worse is the family of the kid who believes he did no wrong but yet they are demanding an extrodinant amount of money for a child who sadly got killed doing something stupid.

[mrustow]

If anyone should be suing, the university should be suing the McKinneys. The parents are shameless. The problem wasn't the officer's lack of experience or training, but McKinney's actions. And maybe the parents' negligence, in failing to rear him properly.

[mrustow]

I forgot -- the woman whom McKinney was terrorizing should also be able to sue the parents. (I know that can't happen. He was a senior, which means he was probably at least 21, even though he acted like a minor.)

[Dr. Marten]

"I didn't know that there was a BAC level legal limit for people "running around." In any case I don't think that the death penalty is proper punishment"

Actually there is...and the violation is called Public Intoxication.

No, PI is not a death penalty violation. However, when you are intoxicated at FOUR times the legal DRIVING limit and you are agressively beating on someone elses door and trying to get in at early hours of the morning (or any time for that matter)it can be a situation that ends in a life being taken. Especially when you lunge at an officer that has identified himself and given orders to halt. (Remember, the officer is responding to a possible burglary in process and he is responding to the situation alone)

If it had been my home that Mckinney had been trying to enter and had successfully done so, he would have met the same fate that he did with the officer.

Monday morning quarterbacking of Sunday's game is always easier than when you are there playing the game.

[FreePaul]

He wasn't just "running around".

I agree. That wasn't my assesment. If you'll notice I was quoting someone else.

I agree with Kakaze that the officer should not have been on the job yet,...

I can't believe that they would be allowed to call a person as a police officer, give him a badge and a gun and turn him loose on the public before they give him some training.

[FreePaul]

...and the violation is called Public Intoxication.

I don't know of any place where a PI charge requires BAC testing. PI can be anything from an officer thinking that someone needs to go to jail for drinking to finding someone passed out on the street (not necessicarily as a result of drinking).

I'm with you on what might have happened to someone behaving like that around my house if I had to resolve the situation. A real police officer is supposed to be trained to handle situations that others can't handle and to do so without resorting to deadly force unless absolutely necessary.

There are two veteran officers here who are facing serious consequences because they couldn't resist sticking their pistols in the face of unarmed juveniles. So far they have come up with all kinds of excuses but none seem plausible.

Things I'm curious about. Was this house on the school grounds? If not then why was this officer answering the call? Did the local police agencies answer the call?

[lupie]

I agree. That wasn't my assesment. If you'll notice I was quoting someone else.

Oops.. Sorry for the misunderstanding. I didn't read it quite right, I just picked up on the phrase and not on who originally said it. :( My apologies to you. I just wanted to make sure that you knew he wasn't just running around, but was trying to get into a house.

Things I'm curious about. Was this house on the school grounds? If not then why was this officer answering the call? Did the local police agencies answer the call?

No, it wasn't on campus, but just off of campus. As I recall from some of the articles, the Muncie police (local police) have the campus police answer the calls in that area because the campus police can get there sooner.

[Kakaze]

This is from one of the above source articles.

" When the shooting occurred, Duplain was responding to a 911 call from a near-campus home, where a woman said a man was banging on her back door. When the officer arrived at the home, an intoxicated McKinney charged at him; Duplain then shot the student four times. "

Duplain had not yet attended the Indiana Law Enforcement Academy, and he was not trained to use non-lethal weapons such as mace or pepper spray.

The article does state, further on, he was carrying a baton he was trained to use, but did not have time to do so.

I don't know 4 bullets,one of them to the head, seems a bit to much to stop a obviously impaired man. We're talking alcohol here not PCP where great strenght can occur, at the most this would have been a very angry sloppy drunk.

[lupie]

I can't believe that they would be allowed to call a person as a police officer, give him a badge and a gun and turn him loose on the public before they give him some training.

I am pretty sure that he did have SOME basic training and passed whatever he needed to pass, he just had not been around but a few short months. Seems to me also that he had been scheduled to take some more training. I am a little fuzzy on those details.

[Dr. Marten]

You're right about the BAC testing for PI. I received a PI many years back that was due to a reaction to medication. Thanfully that charges were later dropped upon my explanation.

As for the house where this happened. No, it was not on "School Grounds". The house is located in the direct vicinity of the University and the University has an agreement with the Muncie Police Department where they patrol the area jointly.

It is my opinion that the Officer involved did absolutely nothing wrong on his part. Given the scenario, I think the officer acted as one could only expect. The victim forced the officer to make a split-second decision that ended unfavorably for the victim.

It is not uncommon for local and state police agencies to employ officers that have had only minimal training. This is partly due to the cost of training and the demand for officers on the street. The departments simply give them the minimal training and hope for the best until that officer can be put through the law enforcement academy.

I can understand this perspective when it comes to meeting the needs of the public at large, but not when it comes to a university. Officers should not be put into a position such as this one without adequate training due to the fact that a University Police Department is not mandatory, but rather a "Luxury". Therefore, there is no reason that universities should employ or feel forced to employ officers that have not been fully trained. Particularly when they have the support of a City Police Department.

University Police Departments simply exist for insurance purposes.

[Dr. Marten]

"I can't believe that they would be allowed to call a person as a police officer, give him a badge and a gun and turn him loose on the public before they give him some training."

What do you think happens in most township police departments?

Generally, this is how police officers start out. They get on as the town marshall somewhere begin as a reserve officer for someplace like a university where they can gain some experience until they are able to find a police department that is willing to put them through the police academy. You would probably be surprised at how many "police officers" are out there that fit this profile.

[lupie]

First, I agree with you that the officer didn't appear to do anything wrong. It was a tough situation. Although I don't think 4 shots were needed, but then, I wasn't there. If someone that drunk were lunging at me, they probably didn't even feel the first shot or two.

What do you think happens in most township police departments?

That reminds me of what happened a year or so ago to my husband that we have chuckled at several times. First thing one morning, a Lawrence Township/Police Dept officer came to investigate the theft of riding lawn mower from the shed outside the small office building we had at the time. After he met with my husband and checked everything out, did the paper work and all of that, my husband walked him out to his patrol car. Then the officer got a funny look on his face, started patting his pockets and looking around like he lost something. My husband asked if he had lost something and he said he did and could he go back through the building where he had been.

Since he had been looking in his shirt pockets and stuff, my husband thought he had lost his pen or something. He couldn't find it even after walking back through the building again and yet again. He then asks the officer what is was that he lost so that he might recognize it if he finds it later. The officer said, "Oh.. I lost my gun - did you see it? I thought for sure that I brought it with me today, but I can't find it anywhere and I don't remember laying it down. I wonder if maybe I didn't bring it with me this morning!" My husband just about lost it!! :)

He wasn't a young officer - my husband said he was a big guy though. But he reminded him of Barney Fife looking for his bullet. But instead, he lost the whole gun! Funny, yet scary in a way.

[Dr. Marten]

"Although I don't think 4 shots were needed"

Generally, officers are trained to fire their weapon in 2 shot bursts.

I dont know if your story is funny or scary. I think I would have been tempted to notify his superiors.

sheez...