UPDATE: Last Year’s Police Brutality Claim Brought By Man with Down Syndrome Partially Dismissed by Federal Court

If you recall, last year a Maryland man was killed when he was accosted by three police officers for sneaking into a movie for which he didn’t have a ticket. The 26-year-old man had Down Syndrome and had walked back into the movie “Zero Dark Thirty” after seeing it once to watch it again. He did not have a ticket for the second showing.

Three Frederick County deputies were moonlighting as security guards for that particular theater, and they approached the man. The situation escalated, and the deputies eventually placed the man in handcuffs and dragged him out of the theater. At some point in the fray, the three deputies crushed the man’s larynx, which caused him to have difficulty breathing.

The deputies released the man and called emergency personnel, but it was too late. He had asphyxiated in the meantime.

The man’s parents brought suit against the three deputies, as well as against the theater company that employed them, arguing violations of the ADA, gross negligence, and simple negligence.

Recently, according to a report by one news source, a federal court in Maryland dismissed some of the charges against the Tennessee-owned theater company. Specifically, the court dismissed the ADA violation claims as well as the simple negligence claims. The parents of the man will still be allowed to proceed on their gross negligence claims against the theater owner, as well as their failure-to-train claim against the state of Maryland.

Cases with Multiple Claims and Defendants

As you can see, not all personal injury and wrongful death cases are brought by one party against one party. In fact, many personal injury cases name multiple defendants that could be held responsible for the injuries sustained in the accident (or in this case, intentional act).

A skilled personal injury attorney knows where to look for potential liability, looking beyond the obvious actors. The reality is that no one can tell how a judge or jury will see the case, or who they feel will be responsible. It therefore makes the most sense to name all potentially liable parties and list all potentially meritorious claims, ultimately letting the fact finder determine the outcome.

While this case suffered somewhat of a setback because several of the claims were dismissed, it is still going to proceed on the claims that were not dismissed, giving the plaintiffs a chance to recover for their loss.

Have You Been Injured in a Maryland Accident?

If you have recently been injured in any kind of Maryland accident, you may be entitled to monetary compensation to help you cover your medical costs as well as for your pain and suffering. If a loved one was involved in a fatal accident, you may be eligible for compensation through a wrongful death action. To learn more about these causes of action, and to set up a free initial consultation with a dedicated Maryland injury attorney, call 410-654-3600 today.

More Blog Posts:

Doctor Allegedly Sexually Assaults Second Patient, Maryland Accident Law Blog, September 2, 2014.

Baltimore Boy Awarded Over $2 Million in Lead-Exposure Case, Maryland Accident Law Blog, October 8, 2014.

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