ROANOKE TIMES
Copyright (c) 1995, Roanoke Times
DATE: Wednesday, December 13, 1995 TAG: 9512130046
SECTION: VIRGINIA PAGE: C-4 EDITION: METRO
SOURCE: JAN VERTEFEUILLE STAFF WRITER
As he indicated he would last week, a federal judge formally decided that a wrongful death suit against the city of Roanoke and three police officers may go forward.
Ruling on the city's motion to dismiss, Chief U.S. District Judge Jackson Kiser said Tuesday there were sufficient grounds for Terri Lee's suit to continue, but he dismissed part of it.
A three-day trial is set for June.
Lee alleges that police officers used excessive and unreasonable deadly force when they put her husband in a choke hold that killed him while they were trying to arrest him in May 1993.
Eric Scott Lee was subdued in a choke hold, then handcuffed and left on the floor for several minutes before police said they noticed he had turned blue.
Commonwealth's Attorney Donald Caldwell and the Police Department cleared the three officers of wrongdoing. Caldwell called the death "a freak accident."
Terri Lee is seeking $750,000 from the city, which she claims looked the other way at a "pattern of documented widespread behavior" of using excessive force. In order to successfully sue a municipality, a pattern or policy of similar actions by the city and its officers must be alleged.
Kiser dismissed part of the suit that sought punitive damages against the city, because municipalities are immune from such damages, meant to punish a defendant. Lee can pursue punitive damages against the three officers personally, he ruled.
On the night of the death, Officers S.F. O'Neill, J.M. Donaldson and R.L. Hague were called to the home of Lee's girlfriend after another woman reported she had been assaulted by Lee. When the officers tried to arrest Lee, a fight broke out between him and the officers.
Lee, 20, was choking O'Neill when Donaldson stepped in, police said. Donaldson used a choke hold to subdue Lee, wrapping his arm around Lee's neck from behind. Such a move slows the heart rate and cuts off oxygen to the lungs and blood to the brain - a combination that usually causes only loss of consciousness, but can kill if applied for as long as 10 seconds.
After moving the handcuffed, unconscious Lee from a dimly lit room, police noticed he had turned blue. CPR was attempted about six minutes after Lee lost consciousness, Caldwell estimated.
LENGTH: Short : 48 linesby CNB