FAYETTEVILLE — The family of a woman killed by Rogers police officers two years ago filed a wrongful death lawsuit in federal court seeking $35 million in damages.
Fallon Frederick was shot to death Aug. 1, 2011, when three Rogers police officers responded to her 911 call for help and protection in a convenience store at New Hope Road and Eighth Street.
Legal Lingo
Wrongful Death
A death caused by the wrongful act of another, either accidentally or intentionally. A claim for wrongful death is made by a family member of a deceased person to obtain compensation for having to live without that person. The compensation is intended to cover the earnings and the emotional comfort and support the deceased person would have provided.
Source: nolo.com
Frederick was suffering from paranoid schizophrenia and thought she was being followed or pursued, according to the lawsuit. She was cowering in the corner of the store with her purse and a knife when police arrived. The suit contends Nick Torkelson shocked Frederick with an electric stun gun. She tried to flee and Vence Motsinger shot her several times. Frederick was handcuffed and died at the scene.
The suit names the city, Motsinger, Torkelson and Scott Clifton along with Police Chief James Allen. Allen and the officers are named in their individual and official capacity.
The suit claims the three officers used unreasonably excessive and deadly force. Allen and the city, the suit claims, failed to properly equip, train, supervise and control the officers regarding the use of force and techniques to properly restrain and control a person suffering from delusions and mental illness.
An investigation by the Benton County Prosecutor’s Office determined the shooting by Motsinger was justified.
Ben Lipscomb, Rogers city attorney, said Tuesday the city hadn’t been served with the lawsuit and declined comment.
The suit seeks $5 million in actual damages and $30 million in punitive damages.
According to the lawsuit, one of the officers drew his weapon, pointed it at Frederick and demanded she put the knife down. Frederick asked the police officers for identification to confirm who they were and told them she was suffering from mental disorders, including paranoid schizophrenia.
“At no time up to this point, none of the police officers had a reasonable fear of imminent bodily harm. Fallon was in the far corner of the store, cowering and scared and in a defensive posture,” according to the suit. “Instead of diffusing the situation and attempting to calm and reassure Fallon Frederick that she was safe and that they were in fact police officers, Torkelson advanced upon a cornered Fallon Frederick and fired a Taser or other electrical stun gun into her body.”
The stun gun made a loud popping noise, similar to gunfire, followed by the sound of the electrical current, according to the suit. A frightened Frederick responded by trying to flee her attackers.
“At this point, Motsinger rapidly fired multiple shots into Fallon Frederick, inflicting multiple grievous wounds to her body,” according to the lawsuit. “Mortally wounded, Fallon fell to the floor, bleeding and in great pain, and died shortly thereafter.”
Darrell Frederick, the personal representative of Frederick’s estate, filed the lawsuit Monday in U.S. District Court in Fayetteville. It seeks damages for pain, suffering, mental anguish, emotional distress, the loss of Fallon Frederick’s life and the value of her life. Beneficiaries include Fallon Frederick’s young daughter.
The suit also makes federal civil rights claims for excessive force. The officers acted hastily and without taking adequate steps to quell Frederick’s concerns that they were, in fact, police officers and failed to show identification, according to the lawsuit.
“They also failed to utilize sufficient nonlethal means of subduing Fallon short of shooting her with a Taser weapon and firearms,” according to the suit.
The lawsuit claims the officers were acting in accordance with the policies, procedures, rules and regulations of the city and the Police Department and the city and Police Department condoned excessive force and failed to control the officers.
The lawsuit makes state claims for false arrest and assault and battery.
“Fallon had every right to show her knife in order to protect herself from the danger that she perceived to her person,” according to the lawsuit.
In addition to monetary damages, the lawsuit seeks an injunction to stop Rogers police from using electrical shock devices against nonviolent individuals who are mentally or emotionally disturbed and require the city to develop nonlethal and nonviolent policies and procedures to deal with those such individuals.