Luvera Law Firm: Daughter of Fatal Police Shooting Victim Files Claim Against City...

Luvera Law Firm: Daughter of Fatal Police Shooting Victim Files Claim Against
City of Everett
Niles Meservey shot by police seven times while sitting in car

EVERETT, Wash., Sept. 22 /PRNewswire/ -- Tanda Louden, the daughter of Niles
Meservey, filed a claim today against the City of Everett, claiming Everett
police officers used excessive force when an officer shot her father seven
times in the back as he sat in his car in a restaurant parking lot.

The shooting occurred just before midnight on June 10, 2009, in an Everett
restaurant parking lot after Meservey reportedly refused police orders to exit
his vehicle, which was blocked from moving by police vehicles and a fence.

"What we know is that Niles was sitting in his car when the police hit him
with a Taser, then shot him seven times in the back," said Paul Luvera, the
attorney representing the Louden family. "I cannot think of any reason, or any
circumstance in which the action of the police in this case could be
justified."

Luvera noted that the Everett Police Department has not explained the
shooting, nor has it made public the results of its investigation although the
incident occurred more than three months ago.

The Snohomish Multiple Agency Response Team (SMART) has completed its
investigation of the incident, but has refused to release its report to the
public, media or Meservey's family.

According to Luvera, among the questions he hopes the police department will
answer is why the Everett police opted to shoot Meservey seven times in the
back when other actions, other than the use of deadly force, were open to
them.

"There was no indication from what we know that Niles was planning to flee,
which would have been tough, since they had his car blocked," Luvera said. "In
fact, witnesses tell us the car was motionless until an officer hit him with
1,500 volts of electricity through a Taser shot."

Media reports say that when Everett police hit Meservey with the Taser, the
car moved forward, at which point one officer standing behind the car fired
seven shots, all hitting Meservey in the back, killing him.

Many law-enforcement departments, including the Washington State Patrol,
discourage the use of Tasers when the suspect is behind the wheel of a car.

"Among the questions we will ask a jury is whether the police acted
responsibly by subduing Niles and shooting him seven times, or whether they
should have used any number of non-lethal methods to convince Niles to comply
with their orders," said David Beninger, a partner at The Luvera Law Firm.
"The law is abundantly clear when the police can use deadly force, and this
wasn't one of those instances."

Tanda Louden, Niles' 31-year-old daughter, said she filed the claim to help
learn why her father was shot, and to hold those who shot him responsible for
their actions.

"It has been more than three months since the police killed my dad, and my
family wants to know why," said Tanda Louden. "The police have refused to
release their investigation, so today we are filing a claim against the police
to find out why this tragic killing ever happened."

"My family and the public deserve the truth," Louden added.

Luvera noted that the police have refused to provide the Meservey family even
the most basic information about Niles Meservey's death, such as the name of
the officer who fired the seven shots.

The claim alleges that the Everett Police used excessive force that was
unjustified and unnecessary under the circumstances, citing negligence and
recklessness on behalf of the department and its officers.

According to reports, police responded to a call at The Chuckwagon Inn
Restaurant reporting that a patron was planning to drive while inebriated.
When police arrived, they surrounded Meservey, who was sitting in his idling
car in the restaurant's parking lot.

After he was fatally wounded, witnesses say he was conscious long enough to
recite The Lord's Prayer, joined by a bystander, before dying.

Filing a claim is a legal requirement prior to filing a lawsuit, which Louden
intends to do after the mandatory 60-day waiting period. Without sufficient
information to evaluate the damages, the claim asks for a range between $5
million and $15 million, reserving the right to revise the amount once more
information is known.

About Luvera Law Firm
Luvera Law Firm is a nationally recognized firm, with high standards of
ethical conduct. The firm specializes in medical malpractice, brain injury,
death and other major damage cases, and seeks justice for clients as well as
positive changes in corporate and governmental behavior. Two members of the
firm belong to the Inner Circle of Advocates, the nation's most exclusive
plaintiff's trial lawyer's association, whose membership is limited to 100 of
the best lawyers in the United States.

SOURCE Luvera Law Firm

Mark Firmani, +1-206-443-9357, mark@firmani.com, for Luvera Law Firm