Friday, September 9, 2016

The end of litigation in the Stamps case

During the past 4 years I've written about the Stamps case reminding our readers that the case was still in play. Now a judge US District Court Judge F. Dennis Saylor has announced that a deal has been struck with the family of Eurie Stamps. For the past 4 years, the Town of Framingham has fought the claims of the family who insisted, Mr. Stamps constitutional rights were violated when Officer Duncan held a loaded rifle at the head of Mr. Stamps as he (Mr. Stamps) lay on the floor. Not only was officer Duncan aiming at Mr. Stamps head, but knew his rifle was off safety and had his finger on the trigger. The original excuse presented by the then Chief Carl was that officer Duncan had to much equipment on and fell during the hand cuffing of a man who was not the subject of the raid to begin with and was shot inth ehead as the officer fell backwards.
A 3 judge panel rejected the claims of the Town last year in saying, " that a reasonable jury could find officer Duncan violated Mr. Stamps Forth Amendment rights".
There are just a few things left now to seek. One is, how much will the settlement cost the Town? Even though the insurance company has agreed to pay any claim, I would think, our insurance rates would have to go up. Second, when will Officer Duncan be relived of his duty here in Framingham. Can we afford another accident? While they have disbanded the SWAT Team, just down the road a ways is the State Police SWAT Team, stationed in Framingham. But the killing of Mr. Stamps just points to another in a long list failures in the war on drugs and the war on black Americans. 

4 Comments:

At September 27, 2016 at 12:01 PM , Anonymous Anonymous said...

When are we going to know how much this is going to cost the Town? Is it all covered by insurance or are the taxpayers footing the bill because a cop was excessively careless and killed someone?

 
At September 27, 2016 at 3:54 PM , Blogger Jim Pillsbury said...

As I understand, our insurance company will be paying. We should hear the total amount of the award in the spring Town Meeting, unless the MWDN or some media outlet files a freedom of information act. But in the end, our rates must be going up, after all, this is not the only incident the Town has to be worried about.

 
At September 28, 2016 at 5:59 PM , Blogger Jim Pillsbury said...

Just in.. the amount awarded was 3.75 million. And after all this time, Officer Duncan is still on the force and as fr as I know, has never had any disciplinary action. I wonder if the insurance company will demand he be relieved of duty.

 
At September 29, 2016 at 5:46 PM , Blogger Jim Pillsbury said...

From MWDN Jim Haddadin The town and its insurer argued that Duncan is immune from liability for the death because he was acting in his official capacity as a police officer when he fatally shot Stamps. A panel of federal judges rejected their appeal in February, agreeing that a reasonable jury could find Duncan violated Stamps' Fourth Amendment rights.

The law was sufficiently clear at the time that "pointing a loaded firearm at the head of an innocent and compliant person, with the safety off and a finger on the trigger, is not constitutionally permissible,” they found.

An attorney who represented the Stamps family in the lawsuit could not immediately be reached Wednesday for comment on the settlement.

In an announcement, Framingham selectmen said they recognize the grief and sorrow suffered by Stamps’ widow and children.

“My heart goes out to the Stamps family,” Selectman Cheryl Tully Stoll said. “There is nothing we can do that will make up for the tragic death of Mr. Stamps. I pray that the family will someday be able to move forward and find peace.”

Duncan remains a uniformed patrol officer, and currently serves as the head of the Framingham Police Officers Union.


Did the union recently vote a no confidence in the chief?


Find Peace Cheryl? How about some justice? Where can I see justice served? How many other Town employee's have killed an innocent man and are still on the job? If a snow plow operator runs someone over in the performance of his duty.. will he not have a job with Framingham?

 

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