City of Lubbock Settles Nunez Case for $49,000 - KCBD NewsChannel 11 Lubbock

5/6/08

City of Lubbock Settles Nunez Case for $49,000

The City of Lubbock has reached a settlement agreement in two civil lawsuits involving the tasing and subsequent death of Juan Nunez.

Juan Nunez died after being tased by a Lubbock Police officer in 2006. Autopsy results showed Nunez died as a result of a fall after being tased in a home in the 4400 block of Jarvis.  Police say Nunez was drunk and argumentative.

"First and foremost, the City, along with the community, regrets and mourns the loss of Juan Nunez," said Police Chief Dale Holton. "We wish the family well and hope this resolution brings them some measure of closure."

The lawsuits, one in state court and one in federal court, were settled for a total of $49,000. The state lawsuit was heard by the 7th Court of Appeals in Amarillo, and was pending argument before the Texas Supreme Court.  The federal matter was set for trial on May 5 in Federal District Court. 

"We were prepared for trial and confident of a favorable outcome," said City Attorney Anita Burgess.  "However, after consultation with our insurance carrier which has settlement authority under the terms of our policy, this matter was resolved.

"I, too, join Chief Holton in regrets to the family for their loss and hope for their healing," said Burgess. 

The settlement agreement was signed by the parties yesterday and filed with the court today.  There was no admission of liability by either party. 

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