Judge to Rule in 2005 Las Vegas Wrongful Death Suit
A federal judge has indicated he does not believe Las Vegas police officers used excessive force when using a Taser to try to subdue a man who later died.
The family of Russell Walker filed a Las Vegas wrongful death lawsuit against Las Vegas police after he died in 2005. Their attorney says an officer held a handcuffed Walker down as he was hit with a Taser while strapped to a gurney outside the Western Hotel.
But an attorney for the department and the officers involved in the incident says they were trying to remove the handcuffs and strap Walker’s upper body to the gurney so he could get medical treatment and that the Taser wasn’t used without warning.
U.S. District Judge Philip Pro will issue a written ruling in the case. On Wednesday he said he didn’t see “any exhibits of excessive force by those officers.”
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Las Vegas Wrongful Death Lawsuits
A Las Vegas wrongful death lawsuit alleges that the defendant’s wrongful or negligent conduct caused the decedent’s death, and the surviving heirs are entitled to monetary damages.
In Nevada, the elements of a wrongful death claim are set forth by statute as follows:
Wrongful Death – NRS 41.085
1. Plaintiff is an heir or personal representative of decedent;
2. Defendant caused decedent’s death by wrongful act or neglect;
3. Therefore, under NRS 41.085, plaintiff may maintain an action for damages against defendant, or, if defendant is dead, against his or her personal representative.
If you think you may have a Las Vegas Wrongful Death Lawsuit Claim, contact a Las Vegas Wrongful Death Attorney or Nevada Personal Injury Lawyer.