One of my cases made the news today. I’m one of the defense counsel in a wrongful death case filed by a police officer against the LRPD for an altercation that resulted in his father’s death.
Opposing counsel filed a Motion to Disqualify the City Attorney’s Office from representing the City defendants (my defendant is a private business). We opposed the Motion, as did the City. I received the Order at lunch today. By the time I got back from the Gym, Fox 16 had already covered it. You can read it here or here, but I’ve included the full text below.
Judge: No More Delays in LRPD Wrongful Death Case
LITTLE ROCK, AR – A federal judge Tuesday denied a motion to remove the Little Rock city attorney from a wrongful death case set for trial this fall.
U.S. District Judge Brian Miller said in a 1-page ruling that Tom Carpenter can continue representing Little Rock police officers Donna Lesher and Tabitha McCrillis.
The two officers shot and killed Eugene Ellison, 67, in his Little Rock apartment in December 2010 after the officers said the man tried to overpower the female officers.
Ellison’s son Troy, himself an LRPD officer, sued the city in federal court in 2011.
Miller said Tuesday the case needs to move forward.
“There was no reason to halt discovery while the motion to disqualify was pending,” Miller says. “This case has been pending for two years and no more continuances will be granted.”
The trial is slated to begin in November.