The NYPD has been sued by a woman alleging that the department's failure to train its officers properly left her with injuries sustained in a police shoot out near the heavily populated vicinity of the Empire State Building, as reported by the Associated Press for Yahoo News.
C.D., 32, a North Carolina college student was struck by police bullets, ricochets and fragments along with eight other bystanders.
The suspect, who allegedly shot a former co-worker inside the Empire State Building, was trying to elude police in the waiting crowd of tourists outside of the landmark.
The police fired off 16 shots.
The suit was filed in the state Supreme Court in Manhattan on January 22. C.D. claims that NYPD officers were "grossly negligent" and require better training before dealing with a similar incident.
Amy Marion, C.D.'s attorney, said, "They (NYPD) consistently fail to properly train employees and officers in the settings they will encounter."
Michael A. Cardozo, New York City's Corporation Counsel, responded to the suit by stating, "The state's highest court has recognized that police officers' split-second decisions to use deadly force must be protected from this kind of second-guessing. To allow otherwise would have a chilling effect on the ability of our police to enforce the law and would put the lives of police officers and the public at risk."
Other supporters of the NYPD, claiming that the officers followed the proper protocol in the incident, included Police Commissioner Raymond Kelly and Mayor Michael Bloomberg.
Paul Brown, the chief police spokesman told reporters, "A killer had struck just moments earlier, and police had every reason to believe he would kill again when he pulled his gun out a second time. They had no choice but to end the threat."
The suspect, J.J., allegedly shot and killed S.E. inside the Empire State Building and then he put his gun in a bag and exited the building. Two construction workers, that had seen the shooting, alerted two police officers.
A videotaped recording shows J.J. turning around, facing the two officers, and raising his gun. It was at this moment that the officers raised their own weapons and opened fire.
The suit argues that the officers showed gross negligence in failing to wait "to confront (J.J.) until he moved to a location where innocent bystanders were not present."
Marion told reporters that this was the first lawsuit in regards to the shooting, however, others have filed notices of claim.
Arriving by train in the Grand Central Terminal, C.D. and a friend walked through town to get to Pennsylvania Station to board another train. As the pair crossed Fifth Avenue and 34th Street C.D. was struck.
C.D. explained, "I started to hear what I thought were gunshots. Everything happened really quickly. People were starting to run, screaming and yelling. All of a sudden I was on the ground. I couldn't move my leg; I knew I was hit by something but it was really hard to connect with the idea it would be a bullet."
C.D. suffered with a shattered femur and her schooling – she is in her second year of study in a physical therapy program – was delayed. She currently now works with physical therapists on her own mobility issues.
Damages sought in the suit are yet to be specified.
If you have been injured in a police shoot out, or any scenario where the injury was caused by another party, contact a personal injury lawyer to file your lawsuit!