Court Hears East Haven's Appeal of Malik Jones Ruling
The town moves forward with its appeal of the case, which awarded the Jones family $900,000 in damages after the young black man was shot to death by an East Haven Police officer in April 1997.
The Town of East Haven's appeal of the Malik Jones case ruling continues to move forward with judges hearing oral arguments yesterday at the Second Circuit U.S. Court of Appeals in New York City, according to a report in the New Haven Independent.
A federal jury awarded $900,000 to the estate of Malik Jones in October 2010, 13 years after a former East Haven Police officer, Robert Flodquist, chased him into New Haven and then shot the 21-year-old dead at close range. Jones was unarmed at the time.
Flodquist later said Jones gave him a "go to Hell" look, and the car may have been slowly rolling backwards, so he thought his life was at risk.
After both the the state's attorney and the the U.S. Department of Justice chose not to pursue criminal charges against the East Haven Police regarding the incident, Malik Jones' mother, Emma Jones, filed a federal lawsuit against the town claiming the police had violated her son's civil rights. In her suit, she argued that the incident was part of a pattern of discriminatory practices by the East Haven Police Department.
Although the initial court decision on the case ruled against the town in Jones' favor — awarding the family $2.5 million in damages — the jury made a technical error. It awarded punitive damages instead of compensatory damages.
Under federal law, a municipality can only be held liable for compensatory damages. So the judge, Alvin W. Thompson, ordered a new trial — not on the guilty verdict — but on whether to award compensatory damages. That second jury found in Jones' favor, awarding the $900,000 in damages.
The Town of East Haven then filed an appeal of that decision, which is where the case currently stands.
Foxon
5:11 pm on Thursday, January 19, 2012
What a story. Attroney Rosen, who represents Emma Jones, is also the supervising Attorney in charge of the Yale kids suing the town for the "latino's". If you read the new haven independent, the 3 judges hammered attorney Rosen for not providing any proof that East Haven police discriminate against minorities.
Malik was a drug running, gang-banging, gun tooting,criminal. Know to run from police, a week earlier he hit a New Haven cop with his vehicle as he fled from police. Attorney Rosen sees dollar signs in playing the race card!!
Richard Poulton
7:42 pm on Thursday, January 19, 2012
I highly suggest all click onto the NH Independent site high lighted in blue above and read that story. This case is falling apart.
John D
8:07 pm on Thursday, January 19, 2012
Even the New Haven Independent, who refers to Sgt. Flodquist as a murder, dispite being cleared by the state police, and U.S. department of justice, almost agrees that the case is falling apart. The New Haven Independent is an left wing extremist news paper, and I am sure they will call the judges racist and protest outside their court.
Patrick Madley
11:38 pm on Thursday, January 19, 2012
This is ridiculous. This police officer did NOTHING wrong. Why is he at fault? Because he protected the citizens? This person was a known criminal. The police officer did his job, he protected the public.
Lise Cavallaro
10:29 am on Friday, January 20, 2012
Patrick, I agree with you 110%.
Rosie
11:15 am on Friday, January 20, 2012
Patrick, I agree with you. This case was a joke then, and is a joke now. This kid was a career criminal, and maybe his mother should have spent more time teaching him right from wrong while he was alive, instead of using race as an excuse for her incompetence as a parent. I was taught if you are a criminal, you end up in jail or dead. Guess his mother didn't teach him that...and now wants a big pay out because of the color of his skin. It sickens me that these people get away with this day after day. Wake up, America. White is now the minority. Maybe we should also start playing the race card.
Dan McCann
4:39 am on Friday, January 20, 2012
Patrick my son....Do I see a bit of non-liberal coming out in you? I can say you're 100% correct that the EHPD did nothing wrong. Life is very simple. There are laws. You as a citizen or now we should say a "global citizen" should follow. Rule one. When a cop stops you you obey his or her commands. It's for the safety of all. Rule Two. When you run from a cop you face consequences. Rule Three when you use deadly physical force against a cop you can expect the same in return. Mr. Jones is dead because of several reasons, First his Mother should have been a Mother and closely watched the activities of her son. If she did she wouldn't be doing what she is doing. Her son is dead because of her lack of raising him which she takes zero accountability for. Her son was rotten to the core a gang banger, drug dealer and for him to be portrayed as a "good person" is simply the biggest misjustice in this whole sad situation. I wish Joe Clark would come here and set her straight. She needs a reality check and so does the Court Systems
Luigi (Jan 18th 2011) the original
6:31 am on Friday, January 20, 2012
Dan I agree with all of what you said. However, while is case has been decided by the judicial system and the citizens of this state. It has yet to finish relegating liability.
There is in my mind a bigger and more costly assessment to consider.
In April of 1997 there was a "shot heard around the world," the shot that changed the course of history in our town. Whomever you choose to blame for the shot is no matter. That shot put the town under a microscope. It created fodder for every liberal and ambulance chaser from here to the nations capitol. I believe it set the groundwork for the very circumstances we find ourselves in now with DOJ manhunts. It has also solidified forever our image as racists (unfairly so).
Who was right and who was wrong has become inconsequential in the twenty first century. It's become whose white and whose left?
Sam Giglio
7:10 am on Friday, January 20, 2012
It has been so long since this incident happend that we need to think of why it still gos on and on.
The Police officer at the time doing his job in the heat of an auto chase and i am sure he thinks of this often.
The young man who may have still been with us today if he just stoped and did what he needed to do to avoid the outcome of this incident.
The only thing i see here is that the attorneys will win in the end.
Richard Poulton
8:40 am on Friday, January 20, 2012
Liberal juries! True story. Many years back a CSP Trooper was sent to invest. a call of man w/guns in a car that was at a gas station. Trooper saw guns thrown about the back seat of the car, man in phone booth down away from car. Man had back turned to trooper who knocked on booth door telling man to turn around & come out. Man turns as as he comes out of booth makes no comment to Trooper, reaches into waist band and pulls out a hand gun and raises up his arm. Trooper in fear of his life, pulls his gun and kills man. Everyone, thats everyone, rules it a tragic but justifiable shooting, state & feds. BUT, a civil jury ruled the trooper should have waited to see what the mans intentions were instead of shooting him. Trooper looses case, costing millions. And only one winning were the lawyers, again. Until one is in a position where you fear for your life or that of another and have to make that split second decision, you have no idear what that is about and should hold off on comments about a police involved shooting. I have and it is not nice, and something I have to live with. Ms. Jones "lost" her son way before he was shot. Now its all about the money.
Ann Della Camera
11:31 pm on Friday, January 20, 2012
Richard, I think the system needs a lot of changes, there is something wrong when a cop gets picked on for doing his job. Because of this many cops hold back, and the criminals are getting a free ride. He ran, he had a criminal background, and the cop did what he had to to save his life and perhaps that of the officers with him. I think we need some new judges that can read between the lines. All they are doing is making Attorneys fat. Even Border Patrol Officers are in jail for doing there job, how sad can the be. This system is not working. Black, White, Green, Yellow,, you do the crime, you do the time. Sadly if his mother paid more attention to him and what he was doing, he would be here now. Nobody likes to see a kid killed, but look at the kids that are taken and killed everyday, for no reason other than being in the wrong place at the wrong time. The judge should toss this whole thing out and tell his Mother to go out and work for her money like most of us do.
Pete Brennan
8:01 am on Saturday, January 21, 2012
Rich: These people have no idea.
Pete Brennan
10:03 am on Sunday, January 22, 2012
Thanks Rich. Really didn't feel like going back and forth with her.
Patrick Madley
12:09 pm on Friday, January 20, 2012
Haha, yes Dan, I guess you could say that is some non-liberal. I believe that police officer did what had to be done. That kid was a no good criminal and honestly, it was only a matter of time before that happened. And the mother needs to let it end because every time she comes into this town she has another issue. Go away, your son committed numerous crimes, he got what he had coming to him. All criminals know the risk they are taking when they committ crimes.
Sam Giglio
8:13 am on Saturday, January 21, 2012
When this incident took place it was a sad day for the Town of East Haven and more then that a sad day for the Officer doing his job.
Yes a young man lost his life but that was his doing. At that moment he could have saved himself by just cooperating with the Officer.
We can only guess with the outcome could have been if he did.
All the years since this took place and all the lawyers involved will not change what took place.
I just wonder how much money will be made and how much this will cost the Town when all is said and done.
Police officer= 0
Young Man= 0
Lawyer's=$$$$$$$$$$$$$$$$$$$$
Richard Poulton
8:38 am on Saturday, January 21, 2012
Totally right Sam. One is put into the position and has milli-seconds to respond, the system of justice, state & federal, clear the actions as justified, but a civil jury will ponder the actions for months upon months to determine if the milli-second decision was proper and will make a decision mostly to be "politically correct". If the system found him to be wrong, different story. You have no idea how glad I am retired and no longer have to deal with these type of people. And just to point it out, the pension is not all that great. Could not live on it alone.
Rosie
11:44 am on Saturday, January 21, 2012
@Pete Brennen: Who are "these people" that have no idea?
Richard Poulton
8:36 am on Sunday, January 22, 2012
Morning Rosie. I believe, and this is my belief, that Pete was referring to people who have never been in a position in life to have to decide to take a life and then deal with the outcome for years, even though you were right. But I maybe wrong.
Don Charles
3:00 pm on Saturday, January 21, 2012
Oh he was such a good boy never in any trouble never into drugs etc. Bunch of crap he tried to run down an officer and paid for it.
Can't believe that they would pay any money for his being shot while the officer was doing his duty.
Now this would be a REAL MISCARRIAGE of justice.
OOPS almost forgot he wasn't white that's why they may get the phony win.
Elliot Kuzma
10:46 pm on Saturday, January 21, 2012
I completely agree with all of these comments. I wish I could get money for committing a crime because of my race
Patrick Madley
10:47 pm on Saturday, January 21, 2012
Elliot, wouldn't that be great? But because we are white, apparently it doesn't work that way. I'm tired of this bs.
Elliot Kuzma
10:49 pm on Saturday, January 21, 2012
If this happened to us we would be just put in prison to rot
Patrick Madley
10:50 pm on Saturday, January 21, 2012
That is so true. White is the minority. Just like Rosie said. We never get anything handed to us. Everyone else does. We have to work for our whole life to live in the middle class where others don't have to even work. She deserves nothing from this town since her son committed the crime
Rosie
10:21 am on Sunday, January 22, 2012
Thanks Richard. I have never been in that position, and hope to God I never am. I give credit to all those in law enforcement, including members of my family, that have to make those decisions daily.
@Pete, it was just a question. No need for back and forth or to be so defensive. Have a great day!
Liz Torres
10:25 am on Wednesday, January 25, 2012
Patrick did you know Malik? I did and Im sure his family, and friends wouldn't consider him a "no good criminal". We all make mistakes and make poor choices but it doesn't mean they should be shot because they tried to flee. Get real there are many true violent criminals that run from the police on a daily basis, Malik was not one of those people.
Francis Deighan
2:29 pm on Thursday, January 26, 2012
The worst crimminals wear suits and work on Wall street.