Family of Australian Justine Damond, killed by Minneapolis cop, sues for $50 million
THE family of Justine Damond, the Australian yoga teacher and life coach who was shot dead by a Minneapolis police officer, has sued for $50 million, alleging a cover-up.
News
Don't miss out on the headlines from News. Followed categories will be added to My News.
THE family of Australian life coach Justine Damond Ruszczyk has filed a $US50 million civil ($67m) lawsuit in the US.
The lawsuit names former Minneapolis police officer Mohamed Noor, who fired the fatal bullet into Damond’s stomach, his partner Officer Matthew Harrity, the city of Minneapolis and the former and current chief of the city’s police department.
“Justine died as a direct and proximate result of Noor’s unconstitutional conduct and her next of kin were thereby damaged in an amount exceeding $US50 million,” the lawsuit, filed in the US federal court in Minneapolis on Monday, states.
The family has hired US lawyer Bob Bennett, a specialist in representing victims of police shootings in Minnesota.
Damond Ruszczyk, 40, formerly of Sydney, was dressed in her pyjamas just before midnight on July 15 last year at her Minneapolis home when she heard what she feared was a woman being raped.
She called police and when a squad car drove down the alley behind her house and pulled up 50m away, she approached it in the darkness.
Mohamed Noor, who is no longer a police officer, shot from the passenger seat across his partner Officer Harrity and out the window at Damond Ruszczyk.
The bullet hit her in the stomach and she died at the scene. Noor has been charged with third-degree murder and second-degree manslaughter.
The lawsuit claims Noor and his partner that night, Officer Matthew Harrity, conspired to cover up facts surrounding the shooting and made a conscious decision not to activate their body cameras.
“Had they done so, there would be video and audio recording of the fatal shooting of Justine, and Harrity and Noor would not be free to concoct a story in a vain attempt to insulate Noor from civil and criminal liability,” the lawsuit says.
It also alleges the Minneapolis Police Department failed to discipline officers who didn’t use body cameras. And, it says a change in the way job candidates are screened put dangerously unqualified officers on the street.
The shooting of Ms Damond, who had been living in the US for more than two years when she was killed, drew international attention last year, cost the police chief her job and forced major revisions to the department’s policy on body cameras.
The lawsuit, filed by Ms Damond’s father, John Ruszczyk, seeks monetary damages. It names both officers, the city, and the current and former police chief as defendants.
Justine Damond’s legal name is Justine Ruszczyk, but she had been using the last name of her fiance, Don Damond, professionally.
The Police Department referred questions about the lawsuit to the city lawyer, who didn’t immediately return a message seeking comment.
Noor’s lawyer, Thomas Plunkett, has said previously that that Noor acted as he had been trained.
Prosecutors have charged Noor with murder, alleging he acted recklessly with disregard for human life. Prosecutors say there was no evidence Noor encountered a threat that justified the use of deadly force. His criminal case is pending and he was fired from the Police Department.
Prosecutors say Damond had called 911 on July 15, 2017, to report a possible sexual assault in the alley behind her home.
Noor responded with Harrity, who was driving. Prosecutors say Harrity told investigators he heard a voice and a thump on the back of the squad car, and glimpsed a person’s head and shoulders outside his window.
Harrity told investigators that both officers got “spooked” before Noor fired.
The officers did not turn on their body cameras until after the shooting. There was no squad camera video.
Noor has refused to speak with investigators, invoking his constitutional right against self-incrimination.
The lawsuit alleges Harrity’s account of what happened changed after he spoke with a lawyer.
According to the lawsuit, at the time Noor and Harrity were hired, the city used only one psychological test to determine whether candidates were fit to be on the street, down from five tests in use prior to 2012.
It says the city failed to ascertain whether hundreds of officers are actually fit for duty.
“The consequence is that certain MPD officers are ill-prepared, ill-equipped and unfit to perform obvious and recurring duties of police officers, including the use of force and the use of deadly force,” the lawsuit says.
“Here, it led to the fatal shooting of Justine who stood unarmed, in her pyjamas, and ready to help others.”
The 45-page claim sues the officers, the Minneapolis Police Department, and the City of Minneapolis for “violation of Justine’s civil rights, including her right to life”.
The claim alleges that by deciding not to turn on their body cameras, Noor and Harrity plotted to “concoct a story” and fabricate deliberate lies in order to avoid being convicted.
Tragically, the claim states that Former Minneapolis Police Chief Janeé Harteau admitted that “Justine didn’t have to die.”
According the complaint, Justine Damond was to marry her fiance Don in Kona, Hawaii, on August 17, 2017, but she was gunned down roughly one month prior outside her own home. The complaint alleges that Ms Damond “endured pain and suffering from her mortal gunshot wound from the time it struck her until she died.
“Justine suffered the loss of her enjoyment of life, including marrying, parenthood, work, play, and loving familial relationships,” says the claim.
Originally published as Family of Australian Justine Damond, killed by Minneapolis cop, sues for $50 million
‘Good sport’: Nova producer spills tea on PM ‘prank call’
The new breakfast radio producer has revealed what really happened during the Prime Minister’s “prank call”. Hear the audio.
Demand to Dutton on penalty rates
A major union is calling on the Coalition to pledge support for retail workers’ penalty rates ahead of a Fair Work fight.