$120 Million Lawsuit in Football Player’s Wrongful Death

Parents of a college football player that was killed by police have announced their plans to seek $120 million in a wrongful death lawsuit against the towns the officers worked for, as reported by the Associated Press in the New York Post.

The couple, most likely filing their suit in federal court, is also cooperating with the grand jury that is currently investigating the case. 

Pace University student Danroy Henry Jr., 20, was shot to death while in his car by police on October 17.

The family lawyer representing the Henrys, Michael Sussman, said that the suit is lodged against the town of Mount Pleasant and the village of Pleasantville, and both jurisdictions have been notified of the filing.  The two areas are to the north of New York City.

Calls to Pattie Dwyer, the Pleasantville Administrator, and Joan Maybury, the Mount Pleasant Supervisor, were not returned by press time.

Police had been called to a shopping center, near the Thornwood suburb and Pace campus, in an answer to a disturbance from a nearby bar. When Henry drove his car through the center's parking lot, police fired at him. 

A Winchester County grand jury is investigating the case as there has been several, differing, witness accounts of the shooting.  Police allege that Henry sped into Pleasantville Officer Aaron Hess and Hess has admitted to shooting through Henry's windshield.  Another officer, this one from Pleasant, has also admitted to firing at the car.

Sussman is calling Hess's actions murder. 

Hess's attorney says that his client was thrown onto the hood of the car, by impact, and had no other alternative other than to use his gun.

Henry's blood-alcohol level was above the legal driving limit, as revealed in his autopsy, but Sussman disputes that finding.

In the notice of claim that was given to both communities, it is alleged that they were faulty in their practices of hiring and training officers.  The claim also notes that officers were negligent in using deadly force.

Sussman has viewed an amateur video that was taken after the shooting that he said showed "absolute mayhem" and that there was an "obvious lack of supervision…that relates to a lack of training."

In regards to the $120 million sum asked for by the family for the loss of their son, Sussman calls it, "the family's valuation to the extent they can give any monetary valuation."

Danroy Henry Sr., "has things to say" per Sussman, and has agreed to testify before the grand jury.

Sussman had asked then-Governor, David Paterson, for a special prosecutor but Paterson  chose to leave it to the Winchester County grand jury to investigate.  Sussman said that Paterson felt that their investigation was "a serious enough pursuit of justice."

Sussman still has his doubts in the Westchester district attorney's office ability to be impartial throughout the investigation and cooperate with the grand jury.

If you have lost a loved one due to the actions of another, you may be able to pursue a wrongful death lawsuit, click here for our directory to contact a personal injury lawyer.