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04-17-06, 04:17 AM #1
Judge dismisses suit against officer
A federal judge has dismissed a lawsuit alleging that St. Paul police violated the rights of a mentally ill man shot to death by an officer.
Senior U.S. District Judge Paul Magnuson ruled late last week that officer Michael Tharalson acted reasonably when he shot Ki Yang in 2002 as the officer retreated while being pursued by Yang, who was wielding a sickle.
Tharalson and other officers were called to Yang's home by his family, who said he had a history of psychiatric problems and had stopped taking prescribed medications. Police also were told that Yang, 46, had changed door locks three days earlier and had barricaded himself in the house.
Officers determined that he was not an imminent threat to himself and others, and he told his family they could not forcibly enter the house and detain him.
When some family members decided to break a window and enter the house, Yang appeared at a second-floor window holding what looked like a rifle.
As Tharalson and another officer entered the house with family members, Yang approached, holding what appeared to be a rifle in one hand and a sickle in the other.
He ignored Tharalson's order to drop the gun and pursued the officer with the sickle raised as Tharalson retreated. When Yang was less than 15 feet away, the officer shot him.
Magnuson rejected arguments that the police officer's actions - combined with a lack of training in dealing with mentally ill people - amounted to an illegal use of excessive force and deprivation of life.
"Despite orders to drop his weapons, Ki Yang actively pursued officer Tharalson while armed with a sickle and gun. Officer Tharalson reasonably believed that Ki Yang was about to strike him with a sickle," Magnuson wrote.
He also rejected claims by Yang's family that the officers or the city violated Yang's rights under the Americans with Disabilities Act.
linkDon't hit at all if it is honorably possible to avoid hitting; but never hit soft. -
People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.
04-17-06, 05:39 AM #2
Chalk one up for the good guys.
Has a cop killer ever been sued for violating the Civil rights of the officer?
These law suits trip me up. People have relatives that commit suicide by cop and then they want to sue. WTF ???
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