They killed my daughter

[jlkrn]

What is the name of your state? Illinois
Okay - I'm judgemental. I just need an opinion - hopefully a semi-professional or professional one. Long story short, my daughter, age 18, was arrested for underage drinking and taken to the police dept for booking or whatever they do there. She posted bond, called her boyfriend's mother for a ride home (they impounded her car) and the officer took her to the lobby to wait for her ride. The police officer that stayed with her ( time unknown) was called away for another reason and shortly after that my daughter decided to leave the police station and started walking to the tavern she was previously at and made it five blocks down the road before she was struck by a car and died two days later. Incidentally her BAL was 1.8. The police deny responsibility because they said she was an adult at 18 years of age and had to let her go because she posted bond. Btw, I have hired an attorney regarding this matter (it happened 3 years ago) and have not been given alot of hope because of the Tort Immunity Act. Opinion(s) please.

 

[Bretagne]

Yep, she was an adult at the time, so after she posted bond the police would have no lawful reason to hold her and no continuing responsibility for her. Wouldn't have any obligation to contact you, either, because of her age.

I don't see that you're going to have any basis for legal option against the police. You would have a cause of action against the bar that served her, though. Your attorney should think about dram shop liability. Did she display a fake ID? If so, not much of a case. But if she just "looks" 30 and they served her, then you have a strong case.

Good luck, and my condolences go out to you.

 

[jlkrn]

Thanks

Thanks for the condolence. Actually, she was never carded or asked for an id at the tavern - they just let her in. This has been a frequent problem at this place. I did seek legal advice regarding this to see what my options were and was told that it would be difficult to connect her death to the tavern that sold her alcohol specifically because of the Dram Shop Act. Now the statue of limitations has run out and the only suit that is ongoing is the one with the police dept.

 

[The Occultist]

Thanks for the condolence. Actually, she was never carded or asked for an id at the tavern - they just let her in. This has been a frequent problem at this place. I did seek legal advice regarding this to see what my options were and was told that it would be difficult to connect her death to the tavern that sold her alcohol specifically because of the Dram Shop Act. Now the statue of limitations has run out and the only suit that is ongoing is the one with the police dept.

If that's the case then I'm afraid you're going to be extremely disappointed with the results.

 

[jlkrn]

Maybe so - only time will tell. I've prepared myself for the worse and hope for the best. Either way - it doesn't change anything.

 

[BelizeBreeze]

Thanks for the condolence. Actually, she was never carded or asked for an id at the tavern - they just let her in. This has been a frequent problem at this place. I did seek legal advice regarding this to see what my options were and was told that it would be difficult to connect her death to the tavern that sold her alcohol specifically because of the Dram Shop Act. Now the statue of limitations has run out and the only suit that is ongoing is the one with the police dept.

The ONLY shot you would have against the police would be to prove neglience and to a certain extent, intent. For example, if she bonded out and was so drunk she was falling down and they shoved her out into the night while a riot was going on.

That obviously did not happen. The officer sitting with her was also not a requirement. It seems that no one, based on your post, is responsible for your daughter's death but your daughter.

As unfortunate as that is.

What happened to the person who hit her?

 

[CdwJava]

The issue will also depend on whether or not she was at fault for collision or not. Hence, the reason BB asked what happened to the driver.

If your daughter was crossing where she had a right to, and the driver was at fault for some reason, then the chances are good that the police cannot be held liable. It would be hard to argue that her "obvious" intoxication was a cause of the collision if she was crossing where she had a right to and the driver was at fault.

I know that in some agencies out here it is POLICY to release a drunk who has bonded out into the care and custody of a responsible friend or family member, but that does not mean that there was any negligence by their failure to do so. Additionally, if she were not so intoxicated as to be a danger to herself or others at that point, then the officer could not lawfully detain her for public intoxication. So, the court would have to ask: Had she tried to leave in the presence of the officer, what authority would the officer have had to forcibly detain her and prevent her from leaving? If she was not so apparently drunk as to meet the level for arrest for public intoxication, then the chances are that the police will not be held as liable.

However, depending on ALL the facts, I can see where an argument could be made for the creation of a "special relationship" (thus giving rise to liability through implied responsibility). But, that would depend on all the facts, and why the officer was in the lobby with her in the first place.

- Carl

 

[jlkrn]

In response to BelizeBreeze - the man that hit my daughter was eventually caught 5 months later because it was a hit and run. I had to ask that the state become involved because after several discussions with the local police it appeared that they were not as intent on finding this person, obviously, as I was.


In response to CdwJava: An eyewitness report from a car that passed her right before the accident was that they had to swerve around my daughter to keep from hitting her - apparently she was somewhat in the road but this could be because there were no sidewalks along the side of the road she was walking on. She was not crossing the street at any point. My stand on the intoxication issue is that she was twice the legal limit in our state which is .08 - her BAL level was over twice that at 1.8 and I would expect that she had impaired judgement. Incidentally her BAL was drawn from her in ER after the accident - 3 hours after she was arrested. The police contend that her breathilizer test showed 1.8 when they brought her to the PD.



Another issue which I did not mention because I thought might stir controversy is that her boyfriend that was arrested with her was an African American and my daughter is white. The police in the prodominately white town that she was arrested in are widely reported to be racial. I genuinely believe that this played a part in the whole scenario of their lax responsibility of her as well as the investigation of the accident afterwards.

 

[CdwJava]

A BAC of .18 does not necessarily imply that one is so intoxicated that they were unable to care for their safety ... it is very likely, but it is arguable.

The issue will once again come back to the issue of the relationship. IF the police had a duty to hold on to her while they waited for a sober driver, and they had established a special relationship to provide this care, then they might be held partially responsible. However, if they had no lawful cause to detain or arrest her for public intoxication if she declined their assistance and left the lobby, then I don't see that liability will attach as the police would have been violating the law had they unlawfully detained or arrested her. If the only means at their disposal to protect her was to make an unlawful arrest, that would be an unreasonable expectation.

The prior arrest issue is likely irrelevant. The race of the driver she was arrested with would seem to be unrelated to the matter of her arrest.

Was there a conclusion as to who was at fault in the collision? If the other driver was determined to be at fault that diminishes the liability the police MIGHT face.

I understand your desire to find someone to blame for your daughter's death. But, you have to understand that she made a series of decisions that resulted in tragic consequences. Perhaps with all the facts a court might decide the police had a duty to detain her, and the lawful ability to do so. Not being familiar with the laws in your state, I could not really speculate. It might very well be that blame will be assigned on the driver or your daughter.

I am truly sorry for your loss. Your story only illustrates the reason why alcohol can be so insidious. Dollars to donuts the hit-and-run driver was also drunk when he hit your daughter.

My condolences to you and yours.

- Carl

 

[The Occultist]

In response to BelizeBreeze - the man that hit my daughter was eventually caught 5 months later because it was a hit and run. I had to ask that the state become involved because after several discussions with the local police it appeared that they were not as intent on finding this person, obviously, as I was.


In response to CdwJava: An eyewitness report from a car that passed her right before the accident was that they had to swerve around my daughter to keep from hitting her - apparently she was somewhat in the road but this could be because there were no sidewalks along the side of the road she was walking on. She was not crossing the street at any point. My stand on the intoxication issue is that she was twice the legal limit in our state which is .08 - her BAL level was over twice that at 1.8 and I would expect that she had impaired judgement. Incidentally her BAL was drawn from her in ER after the accident - 3 hours after she was arrested. The police contend that her breathilizer test showed 1.8 when they brought her to the PD.



Another issue which I did not mention because I thought might stir controversy is that her boyfriend that was arrested with her was an African American and my daughter is white. The police in the prodominately white town that she was arrested in are widely reported to be racial. I genuinely believe that this played a part in the whole scenario of their lax responsibility of her as well as the investigation of the accident afterwards.

You know what? You've been given your answer. Obviously, you're going to keep disagreeing until the cows come home. At this point, there is no further help anybody can offer you on this board. If you wish to persue this, get a lawyer and start this suit. If you already have a lawyer, then asking for further advice on this board is nearly pointless. I hate to sound cold, but if you're not going to accept the answers given, then you're simply not going to, end of story.