The family of Akai Gurley, the unarmed black man shot by a New York City police officer in a dark stairwell, is planning to sue the city for $50 million over his death.
Gurley’s girlfriend, Kimberly Ballinger, notified New York City of the lawsuit on Thursday. Ballinger’s lawyer, Scott Rynecki, said Officer Peter Liang acted “recklessly” while patrolling the housing project known as the Pink Houses in East New York, Brooklyn. Liang, who drew his gun in the stairwell, maintains he was startled before firing the fatal shot.
“An officer has to be able to justify having his weapon out and in his hands,” Rynecki said. “We think there was no justification.”
The shooting, while believed to be accidental, is being investigated by the Brooklyn district attorney for possible criminal charges.
Ballinger filed a notice of claim seeking $50 million in damages against Liang, his partner, the city and the police department, according to Rynecki. She also filed a separate negligence claim against the city’s housing authority, arguing that the stairwell in which Gurley was shot had inadequate lighting that contributed to the incident.
The city comptroller’s office, which handles notices of claim, did not immediately confirm receipt of the document.
Nick Paolucci, a spokesman for the city’s law department, said: “This was a tragic incident, and the city will review the claim.”
Gurley’s shooting is just one more in a string of deaths involving law enforcement both city and nationwide last year. Gurley’s funeral was held just days after a grand jury elected not to indict the Staten Island officer involved in Eric Garner’s chokehold death, and weeks after a grand jury declined to charge Darren Wilson, the Ferguson, Mo. officer who fatally shot unarmed teenager Michael Brown Jr.
SOURCE: Reuters | VIDEO SOURCE: News Inc.
