Family sues cops for approaching son without probable cause and Tasing him; son later died

[alp227]

Once again, my local police department is encountering controversy over its using excessive force towards people of color.
- In July 2003, an officer shot Bich Cau Thi Tran, a Vietnamese-American mother of two. One of Tran's young children was seen walking alone on the neighborhood street, and a concerned neighbor called police. Tran had some issues with her boyfriend that day. When an officer entered the kitchen, Tran brought up a vegetable peeler and said something in Vietnamese; the officer panicked and shot her. Although a grand jury cleared the officer of any wrongdoing, the city settled with Tran's boyfriend for $1.8 million in 2005.
- In May 2009, officers shot Daniel Pham. Pham was a mentally ill Vietnamese-American man who allegedly stabbed his brother. His father alleges that police fired 12 shots at Pham.
- In October 2009, the San Jose Mercury News released a video showing police officers tasing and hitting with a baton Phuong Ho, a San Jose State University math student from Vietnam. Ho allegedly threatened a roommate with a knife after some soap got on his steak. The DA charged neither the officers with assault nor Ho for resisting arrest citing the lack of solid evidence for either.
- Indybay.org reports more cases of cops shooting mentally ill suspects.
- The San Jose Mercury News has an ongoing series of reports, "San Jose Police Under Fire". Among its exposees: "" and the majority of public drunkenness arrests involved Hispanics. (Warning: Do NOT try to read the comments sections of the articles - they're overrun by ignoramuses and people who'd even support police shooting criminal suspects on sight.)

And now, Emily Contreras and Jose Lua Sr., the parents of someone killed by San Jose Police are suing the city, chief of police Rob Davis, and officers involved in federal court.

On February 11, 2009, police Tased 28-year-old Richard Lua after getting in an intense physical altercation with Lua, who was at the time under the influence of methamphetamine. Police said that Lua actively resisted arrest and tried to steal an officer's gun. However, the police did not explain why they even approached Lua in the first place, and Lua's parents are furious:

Lua's family claims the officers' actions were "willful, malicious, intentional, oppressive, reckless, and/or were done in willful and conscious disregard of the rights" of Lua. The family is claiming officers lacked probable cause when they first approached Lua and used excessive force while he "lay helplessly" and is seeking survival and wrongful death damages.

Also,

The incident began while officers were on routine patrol at Story Road and Adrian Way. Attorneys for Lua's family claim he was walking in a public place when he was seized and detained without provocation or legal justification.

The county coroner's office investigated Lua's death and concluded that the death was accidental and was induced by the meth, not Tasers.

Sigh. Once again, my local police must do something stupid, take away someone's life, and end up with bad PR and ruining the city's reputation in the end. This is just another outrageous case of police abuse. This time, it wasn't because of a 911 call. The cops just saw some stereotypical Hispanic guy with a shaved head, T-shirt, and baggy pants, and thought instantly: "Criminal". If they honestly think that way, why do the non-bigoted residents of San Jose have to pay him with our tax dollars?

[midnight]

1. How awful for this family. I hope they are able to move this along in the

courts.

[TexasProgresive]

2. Sadly, it will be more like:

"Move along, there's nothing to see."