Officer Shot And Killed Man During Struggle In Apartment
On March 1, 2000, plaintiff’s decedent Malcolm Ferguson, 23, was shot and killed by city of New York police officer Louis Rivera after a struggle in Ferguson’s apartment building, which was located at 1045 Boynton Ave., in the Bronx. After an investigation, the Bronx County District Attorney determined that evidence indicated that the shooting was accidental. Thus he declined to bring criminal charges before a grand jury.Ferguson’s mother, Juanita Young, acting individually and on behalf of her son’s estate, sued the city of New York and Rivera. Young alleged that Rivera used excessive force by shooting her son and that the city was vicariously liable for Rivera’s actions.Rivera, a plainclothes officer, was part of a drug-enforcement team that was investigating activity on the 1000 block of Boynton Avenue, an area known for drug sales. Rivera observed a black male exit Ferguson’s premises walking quickly and another black male look out the front door. Rivera claimed that he identified himself as a police officer and pushed open the door. He contended that he entered the premises and observed four individuals, one of whom fled down the hallway. He claimed that he grabbed Ferguson’s left arm and began to chase Ferguson, who was unarmed. He contended that he briefly lost and regained his grip on Ferguson as they tripped up a staircase. He claimed that he told Ferguson to stop resisting as the men began a one-armed struggle on the stairs. During the course of the scuffle, the men fell down. Rivera contended that, as they continued to struggle, he placed his right hand, in which he was holding a gun, on Ferguson’s left shoulder. He claimed that the gun fired while its barrel was against Ferguson’s left temple.
Defense counsel claimed that the shooting was accidental. Rivera claimed that he drew his weapon after losing sight of the individual who was running in front of Ferguson and hearing a jacket open during his struggle with Ferguson. Rivera told investigators that he did not recall pulling the trigger and that he was surprised when the gun fired.
Ferguson died March 1, 2000, at age 23. His estate sought recovery of $7.5 million in wrongful-death damages. Ferguson’s mother presented a derivative claim.
The jury found that Rivera used excessive force and that the defendants were liable for Ferguson’s death. It determined that Ferguson’s damages totaled $10.5 million.
Defense counsel has expressed an intention to move to set aside the verdict.