Albuquerque Police Ignored 911 Calls; Settle Suit After Murder-Suicide
When government entities or private companies (particularly insurance companies) (cough*Allstate*cough) adopt a blanket "we won't settle this kind of claim" policy, they usually say their intent is to discourage frivolous litigation. In many cases, the true intent is to discourage all litigation, legitimate or otherwise. Many victims with legitimate claims won't pursue them if they know they'll have to go to trial. Sometimes -- if the "no settlements" policy is recommended by a law firm that happens to represent the company or agency -- the intent is to assure more billable hours for the firm.
Albuquerque follows a "no settlement" policy with regard to claims of police misconduct. Perhaps the city believes its officers are incapable of using excessive force or engaging in other civil rights violations. It's more likely the city takes a tough stance to discourage claims.
Albuquerque made an exception this week by settling a lawsuit alleging that the police ignored four 911 calls, and that an off-duty police officer refused a request to assist, resulting in the death of a 21-year-old woman who was murdered by her estranged boyfriend, a Los Alamos County firefighter. [more ...]
On July 7, 2006, [Randi] Regensberg's friends called 911 and reported that a neighbor had seen Regensberg dragged into [Cory] Kotrba's home. They told dispatchers that the back door was blocked by a table, adding that Kotrba had guns and that Regensberg, who was six months' pregnant, was being held against her will. Friends also told dispatchers there was a history of violence between the two.But dispatchers kept telling the friends no officers were available to take the call, which wasn't classified top priority, police have said.
While the friends kept calling 911 from the outside of the home, one of them noticed a police car parked in the driveway just a few blocks away and knocked on the door. The police officer, [Hector] Chavez, who was also named in the family's lawsuit, told the female friend there was nothing he could do because he was off duty. He also refused to make a phone call to 911 to have an officer sent out sooner, the family's lawsuit claimed.
Four calls later, an hour-and-a-half after the first call, the police finally dispatched an officer. But that happened only because the fifth call came from the estranged boyfriend's roommate, who called to report a murder-suicide after finding the dead bodies in his residence.
Without admitting liability, the city settled for $685,000. City lawyers claimed the "no settlement" policy didn't apply because the lawsuit addressed "systemic issues" rather than excessive force.
The city also made changes in its handling of 911 calls, including "different rules for what constitutes a priority call." Presumably a report of a woman being dragged against her will into a private residence by an armed and violent ex-boyfriend is now recognized as a priority.
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