U.S. District Court
Al Goins, Goins Law Office; John Goetz, Schwebel, Goetz & Sieben
Updates
In October 2009, the City of Duluth filed a motion for summary judgement. Summary judgement is asking the court to dismiss the lawsuit on the theory that the plaintiffs don't have enough evidence to prove a section 1983 Civil Rights claim, so no need for jury trial. The ACLU-MN opposed summary judgement. The ACLU-MN filed a Memo Opposing Summary Judgement in December of 2009. Oral argument are Dec. 29 in the Twin Cities. If the Court denies the City's motion, case goes to jury trial, or possibly settles first. If court grants summary judgement, the ACLU-MN will appeal to the Eighth Circuit Court of Appeals.
Case Background
In October of 2008, the ACLU-MN filed a lawsuit against St. Mary's Medical Center and the City of Duluth in Federal District Court over the wrongful death of David Croud. On October 12, 2005, David was violently taken into police custody by officers of the Duluth Police Department. One witness who reported the police conduct stated that David was passive and that he could not "over-emphasize the amount of violence..." used by police. After handcuffing David and getting him partially into their squad car, police attempted to taser him in order to get him into the vehicle the rest of the way. Handcuffed, bleeding, and with a "spit hood" over his head, David was brought to St. Mary's hospital where he was tranquilized and tied down on his stomach by the police, and then kept in that position over the objections of hospital security staff.
David suffered a respiratory arrest, then cardiac arrest and was placed on life support. He died a few days later in St. Mary's hospital.
The ACLU-MN filed the wrongful death lawsuit on behalf of James Croud, brother of David Croud and trustee of David's estate against St. Mary's Medical Center and the City of Duluth Police officers for depriving his brother of his life.
Legal Documents
Complaint
Briefs
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