Judge grants New Orleans' motion in shooting death suit

Alejandro de los Rios Jul. 20, 2010, 3:50pm


Judge Robin Giarusso granted a motion for no cause of action filed by the defense in a wrongful death suit against the city of New Orleans, former mayor Ray Nagin and former Police Superintendent Warren Riley and the New Orleans Police Department (NOPD) on Friday in Orleans Parish Civil District Court.

Yvette Brock is suing on behalf of her son, Bernell Brock, after he was shot three times outside a grocery store in November 2008. The suit claims that, despite being told about two victims at the crime scene, NOPD officers failed to locate Bernell Brock's wounded body before leaving. Brock's body was found by a neighbor some four hours after the shooting and transported to the hospital where he later died.

New Orleans attorney Michael Kennedy filed the original petition for damages in November 2009. New Orleans attorney Mary Katherine Turner is representing the city.

The suit claims that a second victim in the shooting was found by the NOPD officers on the scene and his body was transported to the hospital where he later died. The NOPD officers were allegedly informed of two victims on the scene. The suit claims that if the officers had "used due diligence in the performance of their duties, Mr. Brock ... would have survived the attacks."

The original petition filed by Kennedy included the New Orleans 911 dispatchers, but not Nagin and Riley. Amended petitions included the former mayor and NOPD chief.

Taylor filed a motion for no cause of action against Nagin and Riley, saying that the plaintiffs had "failed to show cause" why they were liable for Brock's death.

The NOPD had come under scrutiny for years of corruption and mismanagement. After taking office in May, current Mayor Mitch Landrieu asked the U.S. Department of Justice to investigate the department.

Orleans Parish Case 2009-12263

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