NOTES ON THE DAMOND COMPLAINT

I spoke with Minneapolis attorney Bob Bennett about the complaint he filed on Tuesday in connection with the death of Justine Damond at the hands of Minneapolis police officer Mohamed Noor. Bob represents the plaintiff trustee for the next of kin in the case. I’ve known Bob as a dogged and straightforward attorney from the first time I met him at the rosy dawn of our legal careers. Since then Bob has become the go-to Minnesota plaintiff’s lawyer in police misconduct cases.

Bob told me yesterday that the use of deadly force in this case is “the worst [he’s] seen” since he took his first such a case in 1980. He paused to do the arithmetic for me: “That’s 38 years.”

In this post I want to note the basic legal issues that Bob’s complaint addresses. (I have posted the complaint here and below.) My intent here is to deepen the understanding of interested readers in what it’s (almost) all about. These notes are a cursory guide with the proviso that, although I have professional education and experience in this area of the law, I am by no means an expert in it. When I make various pronouncements below, please understand that they are my opinion based on my limited expertise and understanding. I apologize in advance for any errors or inaccuracies.