Subject:  Fieger's firm files suit against MC in shooting |
Author:
Chris
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Date Posted: 01/30/05 4:35pm
PUBLISHED: Friday, January 28, 2005
Fieger's firm files suit against MC in Perkovic shooting
By Kyle Lohmeier
Voice Staff Writer
Marine City and police officer James Heaslip are defendants in a lawsuit filed in federal court by the family of Tomo Perkovic. The suit alleges Heaslip violated the constitutional rights of Perkovic when Heaslip shot and killed him while on duty on Jan. 25, 2004.
The law firm of Fieger, Fieger, Kenny & Johnson has been retained by the Perkovic family.
The firm filed suit in the U.S. District Court, Southern Division. Marine City Chief of Police Ron Krueger is also named in the suit.
"It's in the federal court because we allege a violation of the deceased's constitutional rights ... we're alleging constitutional violations," said Paul Broschay, the attorney from Fieger's firm who is handling the case. He said the suit was filed on behalf of Perkovic's estate.
Perkovic apparently frightened a family living on Shea Road by pounding on their door late that night after his car entered a ditch; and he had walked for over an hour in the frigid cold, according to police reports.
He took a snow shovel from that home and swung it at passing cars along Shea Road until he encountered Heaslip, who was responding to the 911 call from the frightened family, police said.
A scuffle allegedly ensued between Heaslip and Perkovic that ended when Heaslip fired a single round from his Sig Sauer P226 .40-caliber pistol. The shot struck Perkovic's chest and then traveled downward coming to rest against the inside of his lower back, according to the autopsy report.
The suit charges Perkovic never acted in a manner ěthat would require defendant to act with deadly force against him, further alleging "Heaslip never warned Perkovic ěthat he must change his behavior or else deadly force would be used against him."
The St. Clair County Sheriff and the Michigan Attorney General both conducted investigations into the matter and both determined Heaslip was within his rights to fire on Perkovic. Broschay takes issue with that assessment.
"We take a lot of issue with it. Prosecutors very, very rarely become involved in police shootings; and they don't do a thorough or, I would say, unbiased, investigation into the shooting. It's not uncommon and totally expected. It's like the old saying, 'Who's guarding the henhouse?' It's not appropriate to have these people investigate that," Broschay said.
The case has been assigned to Federal Judge Nancy G. Edmunds and was brought under the wrongful death act. The specific amount of damages sought wasnít cited in the suit, though the plaintiffs are seeking relief "in excess" of $75,000.
Krueger had only recently joined the department as chief when the shooting took place. The suit alleges the policies in place at the time of the shooting were unconstitutional and negligent and assigns the blame to Krueger.
"There are allegations of policies and procedure violations - shouldn't have hired him and failed to train him," Broschay said.
The suit specifically cites the Fourth and 14th Amendments, particularly the latter in paragraph 22 where it charges the defendants violated Perkovic's right to be free from the deprivation of life and liberty without due process of law.
"Our investigation of the facts shows he never should have shot this man, and the physical evidence we reviewed indicates it didn't happen as Officer Heaslip said it did," Broschay said.
The named defendants have 21 days from the date they were served with the suit to respond to it.
Ron Krueger declined to comment on the suit, citing legal reasons.
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