The family of Eishia Hudson, the 16-year-old girl who was shot and killed by a Winnipeg police officer, filed a civil wrongful death and negligence lawsuit in the April 2020 death.
Attorneys and attorneys for Cochrane Saxberg announced the civil claim in a press release Wednesday, saying the anonymous officers who drew their weapons were named as indicted for “acts of recklessness, carelessness and negligence.” Policy chief Danny Smyth is also named for “failing to adequately address the problem of systemic racism in the Winnipeg Police Service,” according to the law firm.
“Eishia’s death brought us closer to families across the country who suffered the same loss of loved ones at the hands of the misuse of force by police,” Eishia’s father, William Hudson, said in the press release. .
“We are all in the search for justice. The police must be held accountable. If the police officer did not recognize Eishia as indigenous, she could still be alive today. “
Hudson was shot by a police officer on April 8 after an incident at a Liquor Mart.
Winnipeg police officers said they were called to a store in Sage Creek after reports that several suspects allegedly stole alcohol and left in a van.
Officers said the suspects, who allege they were driving a stolen SUV, attempted to escape from police, leading to a chase that ended at Lagimodiere Boulevard and Fermor Avenue, where an officer fired his gun twice at the driver.
The driver, later identified as Hudson, was taken to the hospital where she died.
Cochrane Saxberg notes that the civil suit emphasizes the fact that the officer who shot Hudson identified her as a “teenage Indian male” before firing the gun.
“The problem of police killing indigenous people has only intensified since the publication of the Final Report of the Aboriginal Justice Investigation,” said Danielle Morrison, co-director of the Hudson family.
“This statement cannot ignore the alarming figures that threaten the lives of indigenous peoples.”
In January, the Manitoba police watchdog determined that the officer who fatally killed Hudson would not face any charges.
The law firm noted that an investigation into his death is pending, but is limited by law to blaming the parties involved.
“The family needs their day in court to hold the Winnipeg Police Service accountable for what appears to be a prima facie case of excessive force that resulted in the tragic death of a 16-year-old Indian girl,” said Kris Saxberg, co-director. for the family.
“The investigation process does not have the scope to impute civil guilt. This lawsuit gives the family that opportunity. “
Cochrane Saxberg said the civil claim is based on ‘The Fatal Accident Act’, which allows families to file a claim and recover damages if the death was caused by wrongful act or negligence.
In a statement, the Winnipeg Police Service said it has not been notified yet, but since the matter is presumably in court, it has no comment at this time.
Reference-winnipeg.ctvnews.ca