The family of an unarmed man shot in the stairwell of a Brooklyn housing project by police has filed a $50-million claim against New York City, often the precursor to a lawsuit.
Kimberley Gallinger, the mother of 28-year-old Akai Gurley’s daughter, filed a claim against the city, the New York Police Department, and the two individual police offcers, the Associated Press reported. Another claim was filed against the city’s housing authority.
“The shooting death of Akai by the police was reckless and should not have happened,” Ballinger said at a news conference. “Akai was a great father and a good person who didn’t deserve to die like he did.”
Ballinger is seeking $50 million plus attorney’s fees for Gurley’s death, according to the claim.
Eric Sumberg of the New York City Comptroller’s Office said the claim will be evaluated on its merits. If a settlement is not reached, Ballinger could file a lawsuit.
“This was a tragic incident and the city will review the claim,” the city’s law department said in a statement.
Gurley was shot by Peter Liang, a rookie New York police officer, on Nov. 20 in the dimly lit stairwell of a Brooklyn public housing project. Liang and his partner, also a rookie officer, were patrolling the stairwell. Liang shot Gurley as they both entered a landing.
In the claim, Ballinger’s attorney said the officer acted recklessly by having his handgun drawn in the stairwell without a reason. The claim also alleges the officers contacted union representatives or other individuals before seeking medical aid for Gurley.
Gurley was unarmed and there were no words exchanged between him and the officers, police said.
Police Commissioner William Bratton has called the shooting “an unfortunate accident.”
SOURCE:BUZZFEED
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