Louisville police officer sues Kenneth Walker, boyfriend of Breonna Taylor, for emotional distress,

[packman]

Source: CBS News

An officer involved in the fatal shooting of Breonna Taylor has filed a civil suit against the 26-year-old's boyfriend for emotional distress, assault and battery on the night she was killed. The lawsuit claims Louisville Sergeant Jonathan Mattingly experienced "severe trauma, mental anguish, and emotional distress" because of Kenneth Walker's actions on March 13.

Mattingly and two other officers entered Taylor's apartment early in the morning that day with a warrant in an attempt to carry out a drug investigation. Walker, a licensed gun owner who said he thought the officers were intruders, allegedly fired a shot that hit Mattingly in the leg. Police opened fire, killing Taylor. Taylor had no criminal record and no drugs were found.

Read more: https://www.cbsnews.com/news/breonna-taylor-boyfriend-kenneth-walker-sued-by-louisville-police-sgt-jonathan-mattingly-for-emotional-distress-2020-10-29/

[mr_lebowski]

1. Oh bless his heart ... nt

[no_hypocrisy]

2. Castle Domain Doctrine

Referred to as the "castle domain law," changes in state law in the summer of 2006 mean that a resident can almost always assume a person breaking into his or her home means to cause harm.

"If someone comes up on the dwelling or the premises, with the intent to commit a felony, the presumption (is) that they are there to cause death or serious bodily harm," Adams said. That "gives the owner, the person that is there, the presumptive right to use deadly physical force or physical force to repel any attacker or any invader."

https://www.wave3.com/story/7094977/ky-law-allows-use-of-deadly-force-to-protect-self-property/#:~:text=law%20allows%20use%20of%20deadly%20force%20to%20protect%20self%2C%20property,-September%2018%2C%202007&text=Referred%20to%20as%20the%20%22castle,home%20means%20to%20cause%20harm.

[Bayard]

8. Thanks for this

I was not aware of the big change. Good to know.

[Cartaphelius]

23. Did the Police announce their

presence and/or intent?

If they had, and the "boyfriend" fired on them. Then he
was responsible for the young lady's life.

[no_hypocrisy]

24. An unlawful warrant would negate police busting into a private residence.

[JonLP24]

26. The boyfriend was cleared of the attempted murder charges

For the same reason the police was cleared. Neither of them knew who was on the other side of the door.

[NCjack]

3. I'm thinking that Mattingly is in for more emotional distress, when he loses.

[Dustlawyer]

19. He is in for emotional distress from a defense lawyer sticking a microscope up his rectum!

Since his emotional state is the issue it opens the door to all kinds of unpleasant questions about his personal life, career ...

[marble falls]

4. Low life, no account jackass. The rest is self censored.

[bucolic_frolic]

5. Self-defense is as old as Thomas Hobbes

Boy has history given him short shrift.

"Life is solitary, poor, nasty, brutish, and short."

[Behind the Aegis]

6. Then he shouldn't be a cop!

But given the entire situation, I think that was already obvious.

[maxsolomon]

7. What could he possibly hope to gain?

Not money.

[JustABozoOnThisBus]

10. Somebody put him up to this, and is paying legal expenses.

Maybe someone tied to white supremacists, or to police unions. Wait, I'm being redundant.

Anyway, follow the money, it should lead to a motive for the suit.

[not_the_one]

11. So some person or organization with deep pockets should step in to assist Walker.

The policeman needs to know that he has kicked a hornet's nest. And his fellow policemen need to understand that there are repercussions to hiding behind an illegitimate blue wall.

Above all they need to know "the times, they are achangin'". Dogs that DID hunt, may no longer...

[rocktivity]

17. "A person or organization with deep pockets..." Like Breonna's family?

Last edited Thu Aug 4, 2022, 01:27 PM - Edit history (6)

Who are now $12M richer from the settlement they accepted so quickly (minus the lawyer's cut)? This could be Mattingly's way of getting a slice -- that is, maybe the ulterior motive to get them to come up with some "quick cash just to make the lawsuit "go away!"


rocktivity

[barbtries]

9. i would think he's got whiplash too,

from the counter suit coming his way. i don't like his chances.

jeez. whoever that guy is he has no business working in LE

[rocktivity]

12. The officers were in plain clothes and didn't announce themselves or show ID

Last edited Tue Oct 12, 2021, 05:49 PM - Edit history (2)

which their no-knock warrants (at least one of which contained Breonna's name and address) permitted them to do. But as a legal gun owner who did not know who was entering and who were entering without his or Breonna's consent, Walker had every right to defend himself. That's why the criminal charges against Walker were dismissed, duh dot com -- what makes Mattingly think he has a civil case?


rocktivity

[Lucky Luciano]

13. Hardcore chutzpah right there!

[clayton72]

14. Yeah, he'll abort before discovery. As if. jfc...

[intheflow]

15. Fuck this douchebag.

You entered the wrong apartment and killed this guy's girlfriend. Suck it up, Buttercup. You are trash and deserve no compensation for any emotional anguish after the fact that you helped kill an innocent person which led to massive protests. I absolutely cannot believe what a asshole this guy is.

[irisblue]

16. ACAB

[VA_Jill]

18. Geez

What a snowflake. tRumpflake too, no doubts about that.

[stillcool]

20. Disgusting piece of police...

they don't seem to miss a day of proving exactly what and who they are.

[Evolve Dammit]

21. Let me get this straight. Boyfriend tries to defend girlfriend (2nd amendment right) in her apt.

and is sued by one of the cops who went to the wrong address (suspect of "investigation" already apprehended), fired into the apartment and into adjacent apartment(s) killing Breonna with at least eight (8) bullets that struck her?

[rocktivity]

27. They weren't at the wrong address

Last edited Fri Mar 26, 2021, 12:06 PM - Edit history (6)

Four search warrants had been approved, at least one of them was no-knock, and at least one of them contained Breonna's name and address. If they SHOULDN'T have been on the warrant, THAT'S legitimate grounds for civil (if not criminal) charges.


rocktivity

[Evolve Dammit]

29. That's one point. But the suspect was already in custody. Right? Should the search have been halted?

[58Sunliner]

22. Snowflake with fake tears.

[PoliticAverse]

25. One would think Kenneth Walker has a better "emotional distress" claim. n/t

[SunSeeker]

30. Right?

[rocktivity]

31. Walker should countersue if not request a summary judgement

Last edited Mon Oct 11, 2021, 12:20 PM - Edit history (3)

which is the legal way of saying, "This case is SO full of shit, it never should have been filed!"

https://www.democraticunderground.com/?com=view_post&forum=1138&pid=8765

[EndlessWire]

28. Sure.

Take it to court and litigate all the ineptitude and callousness that such a suit will show. All the luck they had in avoiding charges against them gone. Maybe the boyfriend can bring a wrongful death countersuit and couple it with his own multiple-count suit of grievances. Then the jury can face palm their way to a boatload of cash for the bereaved family.

I just don't understand the thinking of this cop. He can dismiss his suit, but that doesn't mean they have to dismiss the countersuit. He's opened up a can of worms.