Federal Judges Dismisses Portion of Wrongful Death Suit - KCBD NewsChannel 11 Lubbock

04/22/08

Federal Judges Dismisses Portion of Wrongful Death Suit

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A federal judge strikes down a portion of the wrongful death suit filed by the family of a Lubbock man who died after he was tased by a Lubbock police officer. In April 2006, Officer Matt Doherty responded to a domestic dispute in the 4400 Block of Jarvis.

Doherty tased Juan Nunez III, who died a short time later. An autopsy showed he died as a result of the tasing, a fall and intoxication. Nunez's family is suing the city, saying Doherty used excessive force. Those claims are still set for trial.  

Tuesday, Judge Sam Cummings dismissed the part of the lawsuit that said the officer violated Nunez's rights because he was indifferent to Nunez' medical needs.

Cummings also denied the city's motion for summary judgement. The trial is set to begin May 5th.

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