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Family of 17-year-old killed by police at station is 'not going to stop fighting' Family of 17-year-old killed by police at station is 'not going to stop fighting'
(35 minutes later)
The family of a mentally ill 17-year-old killed by Texas police in their own station has filed a federal lawsuit claiming that her civil rights were violated by officers who used excessive force when they shot her dead in January.The family of a mentally ill 17-year-old killed by Texas police in their own station has filed a federal lawsuit claiming that her civil rights were violated by officers who used excessive force when they shot her dead in January.
A grand jury has declined to indict the officers, Glenn Derr, Grace Bagley and Gene Duffie, after concluding last month that Texas law allowed them to use lethal force on Kristiana Coignard in the incident, which was captured on surveillance video and prompted an international outcry and a protest attack on the city of Longview’s website seemingly coordinated by the hacking collective Anonymous.A grand jury has declined to indict the officers, Glenn Derr, Grace Bagley and Gene Duffie, after concluding last month that Texas law allowed them to use lethal force on Kristiana Coignard in the incident, which was captured on surveillance video and prompted an international outcry and a protest attack on the city of Longview’s website seemingly coordinated by the hacking collective Anonymous.
Related: Three cops, a 17-year-old and 'a cry for help': why did Kristiana Coignard die?Related: Three cops, a 17-year-old and 'a cry for help': why did Kristiana Coignard die?
The Coignard family’s suit alleges excessive force in violation of the fourth amendment of the US constitution and claims police also breached the Americans with Disabilities Act (ADA), an anti-discrimination statute that has come under renewed scrutiny as police killings of the mentally ill have risen. An ongoing Guardian investigation has found that 25.1% of people killed during encounters with police so far in 2015, or 144 people as of Tuesday, were identified by family members, friends or police as having a mental health disorder.The Coignard family’s suit alleges excessive force in violation of the fourth amendment of the US constitution and claims police also breached the Americans with Disabilities Act (ADA), an anti-discrimination statute that has come under renewed scrutiny as police killings of the mentally ill have risen. An ongoing Guardian investigation has found that 25.1% of people killed during encounters with police so far in 2015, or 144 people as of Tuesday, were identified by family members, friends or police as having a mental health disorder.
“Once they had her secure they had an absolute duty under the ADA to take her to a secure mental facility,” Coignard family attorney Tim Maloney told the Guardian.“Once they had her secure they had an absolute duty under the ADA to take her to a secure mental facility,” Coignard family attorney Tim Maloney told the Guardian.
He acknowledged the suit would be extremely difficult to win but said it was primarily being filed to raise awareness of how police treat the mentally ill and because it would provide subpoena powers to gain access to more information about the case and how it was investigated.He acknowledged the suit would be extremely difficult to win but said it was primarily being filed to raise awareness of how police treat the mentally ill and because it would provide subpoena powers to gain access to more information about the case and how it was investigated.
“We want Longview to have a bad day, we want them to recognise how serious this is,” he said of the police force in the eastern Texas city.“We want Longview to have a bad day, we want them to recognise how serious this is,” he said of the police force in the eastern Texas city.
The lawsuit is seeking $10m in damages. “We hoped justice would be carried out without having to resort to this,” Erik Coignard, Kristiana’s father, told the local KYTX news station in San Antonio. “We’re not going to stop fighting just because of their report.”The lawsuit is seeking $10m in damages. “We hoped justice would be carried out without having to resort to this,” Erik Coignard, Kristiana’s father, told the local KYTX news station in San Antonio. “We’re not going to stop fighting just because of their report.”
Last month the office of Carl Dorrough, the Gregg County district attorney, said in a statement: “After reviewing the evidence, including videotape from the lobby surveillance camera and testimony from the Texas Ranger who conducted the investigation, the Grand Jury declined to take action against the officers based upon finding that the use of deadly force was authorised under state law. Therefore, no criminal charges will be brought against the officers involved.”Last month the office of Carl Dorrough, the Gregg County district attorney, said in a statement: “After reviewing the evidence, including videotape from the lobby surveillance camera and testimony from the Texas Ranger who conducted the investigation, the Grand Jury declined to take action against the officers based upon finding that the use of deadly force was authorised under state law. Therefore, no criminal charges will be brought against the officers involved.”
Maloney, the family attorney, said that the Coignards were waiting for the outcome before deciding whether to issue a suit. He said the grand jury result “sadly was expected. It’s incredibly rare in a police shooting that an officer is indicted.”Maloney, the family attorney, said that the Coignards were waiting for the outcome before deciding whether to issue a suit. He said the grand jury result “sadly was expected. It’s incredibly rare in a police shooting that an officer is indicted.”
On 22 January, Coignard, who her family said had suffered from depression and was on medication for bipolar disorder, entered a police station in Longview, two hours’ drive east of Dallas, picked up a phone in the lobby and asked to speak with an officer.On 22 January, Coignard, who her family said had suffered from depression and was on medication for bipolar disorder, entered a police station in Longview, two hours’ drive east of Dallas, picked up a phone in the lobby and asked to speak with an officer.
Related: The Counted: people killed by police in the United States in 2015 – interactive
About 10 minutes later, she was dead, shot five times by Bagley and Derr after a struggle in which she was initially subdued but then broke free and charged at Derr with a knife. Duffie fired his Taser. Police said that Coignard had written “I have a gun” on her hand. Bagley had been on the scene for about 10 seconds. In the video, none of the officers appears to attempt CPR.About 10 minutes later, she was dead, shot five times by Bagley and Derr after a struggle in which she was initially subdued but then broke free and charged at Derr with a knife. Duffie fired his Taser. Police said that Coignard had written “I have a gun” on her hand. Bagley had been on the scene for about 10 seconds. In the video, none of the officers appears to attempt CPR.
Related: Was Kristiana Coignard unlawfully killed? Questions swirl as parents seek justice
In February, Erik Coignard, who lives in San Antonio, told the Guardian that he believed his daughter went to the station as a cry for help and that police were at fault for failing to defuse the situation, especially after seeming to have her under control at several points during the incident. He and Kristiana’s stepmother, Elizabeth Canales-Coignard, said that they wanted police to have better training to handle people in mental health crises.In February, Erik Coignard, who lives in San Antonio, told the Guardian that he believed his daughter went to the station as a cry for help and that police were at fault for failing to defuse the situation, especially after seeming to have her under control at several points during the incident. He and Kristiana’s stepmother, Elizabeth Canales-Coignard, said that they wanted police to have better training to handle people in mental health crises.
In April, police released a note apparently written by Coignard and in her possession when she died. It read: “This is no one’s fault but my own. I’ve tried getting help, but it never worked. Things would seem to get better, just to get twice as bad. My mental health is a joke; I don’t deserve to live. You will all be much better off without me.”In April, police released a note apparently written by Coignard and in her possession when she died. It read: “This is no one’s fault but my own. I’ve tried getting help, but it never worked. Things would seem to get better, just to get twice as bad. My mental health is a joke; I don’t deserve to live. You will all be much better off without me.”