12.25.2007

ER - 6/14/2007 Civil rights suit filed in standoff death

ER Civil rights suit filed in standoff death

A lawsuit filed in federal court late last month accuses 11 members of the Eureka Police Department, the department as a whole and the city of Eureka of violating the civil rights of Cheri Moore, who was shot and killed by police after brandishing a flare gun during a two-hour standoff in 2006.

“The estate of Cheri Lyn Holt-Moore brings a claim for the violation of her constitutional and civil rights, her pain and suffering prior to her death, loss of life and for other compensatory and punitive damages through her estate,” the complaint states.

“The police dispatched officers to the scene who became aware that she possessed a flare gun, a device used to send signals into the air. Ignoring rational procedures and readily available alternatives, Chief (David) Douglas ordered officers to ram down her front door. Several officers broke into her apartment and shot her immediately, killing her.”

The complaint was filed in Northern District Court in San Francisco by W. Gordon Kaupp and Dennis Cunningham, the latter known locally for his involvement in the pepper spray case.

The suit alleges unreasonable seizure and deprivation of life, municipal liability, wrongful death, violation of California civil rights and negligence.

The suit seeks unspecified compensatory and punitive damages to be paid to the estate, said to consist of Cheri Moore’s son David Moore and a minor child, who is identified as the granddaughter of Cheri Moore and “the only surviving issue of Ms. Moore’s deceased son.”

A jury trial has been demanded.

Copyright (C) 2005, The Eureka Reporter. All rights reserved.
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Related coverage:
PARTICULARLY RELEVANT - ER Cheri Moore's son speaks out 4/28/2006
There are links to most of the Cheri Moore coverage on many of the posts in this section - and more posts, articles and discussion at http://watchpaul.blogspot.com/

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