Mom sues Police when son dies being taken into custody

**Star Man** · 12-28-06, 07:59 PM

Click on this link to see the actual video shot by COPS camera men during the event.

http://www.wpbf.com/news/10547880/de...subid=10101641

PALM BEACH GARDENS, Fla. -- A West Palm Beach mother has filed a wrongful death lawsuit against police after her son died while being taken into custody.

According to police reports, officers responded to a 911 call at Donald Lewis' home around 1 a.m. one day in October 2005.

Officer Raymond Shaw responded to the call, along with a "COPS" TV film crew riding in his car.

According to the video tape, Lewis told Shaw that someone was trying to kill him.

When Lewis refused to calm down, police officers began to restrain him. Police said more restraints were needed because Lewis refused to cooperate with the officers' instructions.

While he was being restrained, Lewis told officers, "You're killing me."

Several minutes later, Lewis stopped breathing, and officers began performing CPR. Medical officials said that by the time Lewis arrived at the hospital, he was dead.

On the behalf of Lewis' mother, Attorney Matthew Farmer is suing the city of West Palm Beach and the two "COPS" photographers, alleging they all contributed to Lewis' wrongful death.

Shortly after he died in 2005, an investigation concluded that none of the officers involved used excessive force to subdue Lewis.

State Attorney Barry Krischer concluded that, "as to any police action contributing to the death, it is clear from the video that no law enforcement officer on scene used excessive or unnecessary force to control Lewis prior to his respiratory failure. Additionally, the initial decision to take him to the ground was reasonable given Lewis' irrational behavior."

Medical officials said the man's death was not due to police but because he had swallowed excessive amounts of drugs beforehand.

"It is clear from the witness statements, physical evidence, autopsy and toxicology reports ... the West Palm Beach police officers were not responsible, nor was their use of force responsible, for Donald Lewis' death -- his ingestion of cocaine was," said Krischer.

All of the police officers involved were cleared of any criminal charges in 2005.

**Jackalope** · 12-28-06, 11:11 PM

Tort reform, anyone?

**BEB** · 12-28-06, 11:49 PM

Watched the video - no case here. Officer Shaw's lucky to have that tape.

A couple of those officers need a CPR refresher though. Better flashlights too...faster ambulance support...

**TheOldRhino** · 12-29-06, 12:54 AM

That's not going to stop her from suing. Heaven forbid she face the reality that she did a shitty job raising a piece of shit who OD'd on drugs.

**Star Man** · 12-29-06, 07:51 PM

Originally Posted by BugEyedBeast

Watched the video - no case here. Officer Shaw's lucky to have that tape.

A couple of those officers need a CPR refresher though. Better flashlights too...faster ambulance support...

I know, took forever to get the EMS to them didn't it? She will prob sue them next. Our EMS has something like a 3-5 min response anywhere in the county. Gets awards for the speed and programs to keep it running I heard.