(Note: A portion of the lawsuit involving civil rights violations against the city of Joplin remains.)
In making the decision to remove the governmental entities as defendants, Judge David P. Rush granted the request of lawyers for Kevin Russell, his wife Julissa, and son Brant, to dismiss it without prejudice, which will enable the Russells to refile if they can determine if the city and the police department had insurance policies that would cover the events that took place the night Kevin and Julissa Russell's daughter Brooke died.
Judge Rush ordered the attorney for the Russells to submit an amended petition against the two remaining defendants JPD officers Tyler Christensen and Austin Wolf, sometime in the next two weeks.
The Russells' lawsuit was filed April 17 in Jasper County Circuit Court, then was removed to federal court four days later.
The petition recounted a nightmarish tale of what the Russells claim happened after 16-year-old Brooke Russell shot herself to death.
On March 17, 2013, Brooke Russell left her home indicating she was going for some exercise. When she did not return home timely, her mother, Julissa Russell, went looking for Brooke and found her in a park, the apparent victim of a self-inflicted gunshot wound to her head.
Mrs. Russell, along with her husband, plaintiff Kevin Russell, and their son, Brant Russell, loaded Brooke into their car and left for the hospital.
En route to the hospital, they called 911, and the 911 operator advised them to go to the Joplin Police Department, where there would be an ambulance waiting for them. The ambulance, police, and fire department had all been advised prior to the Russells' arrival that the Russells were en route with the victim of an apparent self-inflicted gunshot wound to the head.
When the Russells arrived at the Joplin Police Department, they saw the ambulance and carried Brooke to the back of the ambulance, where they had to wait for the ambulance door to be opened and a gurney to be pulled out and presented to them.
They quickly placed Brooke on the gurney, stepped back and pleaded for the emergency personnel to get Brooke to the hospital for treatment.
Rather than immediately leaving for the hospital, emergency personnel left Brooke unattended on the gurney an began to question the Russells about what happened, becoming confrontational about the Russells' agitation with the delay in getting treatmentfor Brooke.
As the Russells continued to plead for the EMTs to do their jobs and get Brooke to the hospital, Brooke's body rolled off the gurney and fell to the concrete pavement below. At no time did either Kevin Russell or Brant Russell assault with any first responder, engage in any physical altercation, obstruct the first responders from their doing their jobs, or violate any other laws or ordinances.
The Russells continued to urge the EMTs to provide care for Brooke, and EMT Todd Woods became physically aggressive with Kevin Russell, aggressively approaching Mr. Russell, threatening and yelling at him while Brooke lay on the ground.
At that point, defendants Wolf and Christensen assaulted Brant Russell and Kevin Russell by spraying their faces with mace or pepper spray, physically assaulting them and placing them in handcuffs with no justification.
Defendants Wolf and Christensen then placed Kevin and Brant Russell in a police car, placed them under arrest, and held them in the Joplin Police Station for nearly three hours.
While Kevin and Brant Russell were held in the Joplin Police Station, Brooke Russell died at the hospital.
Defendants made false reports to the prosecutor regarding plaintiffs' conduct and encouraged the prosecutor to pursue criminal charges against plaintiffs, which the prosecutor did. However, after the prosecutor withdrew from the criminal case and was replaced by an independent special prosecutor, the criminal charges against Kevin and Brant Russell were dismissed by the special prosecutor.
A representative of the Joplin Police Department also made an improper and inaccurate report to the United States Military that was falsely derogatory of Brant Russell regarding the events described herein, and directly caused Brant to be discharged from his military service, thus ending his planned and desired military career.
As a direct and proximate result of the actions of officers Wolf and Christensen, and by extension, defendants City of Joplin and Joplin Police Department, Kevin Russell suffered severe physical and emotional injuries as a direct result of the assault and his subsequent improper and unlawful arrest and detention in the police station. He further suffered embarrassment and humiliation as a result of the false allegations leveled at him by defendants. His ability to perform his normal functions as a husband were negatively affected.
As a direct and proximate result of the actions of officers Wolf and Christensen, and by extension, defendants City of Joplin and Joplin Police Department, Brant Russell suffered severe physical and emotional injuries as a direct result of the assault and his subsequent improper and unlawful arrest and detention of the police station. He further suffered embarrassment and humiliation as a result of the false allegations leveled at him by defendants. He further suffered a loss of his career and income with the United StatesMilitary as a direct result of the actions of a representative and agent of defendants City of Joplin and Joplin Police Department in falsely reporting allegations of misconduct against him to his superiors with the military.
The counts included in the original lawsuit were are as follows:
1. Malicious Prosecution and False Arrest- Kevin Russell vs. City of Joplin, Joplin Police Department, Wolf, Christensen
2. Policies, Practices, and Procedures- Kevin Russell vs. City of Joplin, Joplin Police Department
3. Excessive Force- Kevin Russel vs. Wolf, Christensen
4. Negligent Supervision- Kevin Russell vs. City of Joplin, Joplin Police Department
5. Negligent Training- Kevin Russell vs. City of Joplin, Joplin Police Department
6. Negligence- Kevin Russell vs. City of Joplin, Joplin Police Department, Wolf, Christensen
7. Battery- Kevin Russell vs. City of Joplin, Joplin Police Department, Wolf, Christensen
8-14- Same allegations from Brant Russell
15. Tortious Interference with Prospective Business Relationship- Brant Russell vs. City of Joplin, Joplin Police Department
16. Loss of Consortium- Julissa Russell vs. City of Joplin, Joplin Police Department, Wolf, Christensen
5 comments:
JPD and EMT personnel really messed up on this. Hopefully they learn from it. If it had been my daughter on that gurney and no one was attending to her, as they were too busy having a altercation with me they would have more than a lawsuit on their hands ~~
There never was a case to begin with.
Hopefully they refile!
"The case was not dismissed. Certain claims against the city were dismissed because the city has statutory immunity - the civil rights claims against the city are still there. The Joplin police department is not a separate entity, so can't be sued separately - the claims against the police department are claims against the city and are still there. This is an expected procedural step and is fine."
Even if these JPD and EMT personnel had absolutely no training, which we know is not the case, common sense should have prevailed and the first thing they should have done is attend to the young woman. How ALL of them simultaneously had a memory lapse and forgot what they were supposed to do is crazy.
The group mentality of the police isn't especially surprising but is, nonetheless, frightening. Particularly disturbing to me is the behavior of the EMTs whose ONLY job is to take care of the victim.
Shame on all of those who were involved in this debacle.
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