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Wrongful Death Claim In US Border Patrol Shooting In Southern California – Insurance Journal

The family of a 32-year-old mother of five shot and killed by a U.S. Border Patrol agent as he rode on her car’s hood in suburban San Diego has filed a wrongful death claim against the agency, saying the agent had a long history of misconduct in a previous law enforcement job and should not have been on the street.
Attorney Eugene Iredale filed the claim Friday with the Border Patrol on behalf of Valeria “Munique” Tachiquin Alvarado and provided a copy to The Associated Press.
The documents, a required precursor for a lawsuit, say the agent, 34-year-old Justin Tackett, was suspended four times for misconduct including crashing a patrol car and violating suspects’ rights in the nearly four years that he worked as an Imperial County sheriff’s deputy. Tackett had been given a notice that he’d be fired just before he quit the job in 2003, the documents say.
In one 2002 probation case, according to the claim, Tackett “willfully disobeyed a direct order” and “provided false and misleading information during the investigation.”
In a different incident in 2001, Tackett was called to assist police in Brawley with an incident and told to wait for them at the scene but instead rousted the suspect himself, engaged him in an altercation and cuffed him without a warrant.
The Border Patrol, which has not released Tackett’s name or answered questions about him, declined comment, and a phone listing for Tackett or an attorney representing him could not be found.
But in a wrongful termination suit he filed in 2004, Tackett claimed he was the victim of retaliation for pursuing cases against supervisors’ friends and of racial discrimination because he was white.
On Sept. 28, authorities [...]

By |October 15th, 2012|News|Comments Off on Wrongful Death Claim In US Border Patrol Shooting In Southern California – Insurance Journal|

California Wrongful Death Cases – Accident Injury Lawyer (blog)

It amazes me the extent to which every state has very different law on survival action and wrongful death cases. I remember the first time I had a case in West Virginia back when I was defending pharmaceutical companies. The basis for damages in a survival action and a wrongful death claim were pretty much the exact opposite of how it works in Maryland. Today, we turn to Mike Ehline, a California lawyer who handles a lot of these claims, to give some thoughts on the nuances of wrongful death in his jurisdiction. It is Mike’s ball from here.
When a person is fatally injured due to the careless, reckless, negligent or intentional actions of another person, entity, employer or manufacturer, this is called, in California as in most other states, a wrongful death. This is a statutory claim alleging that a fatality occured due to a wrongful act or negligence, it is important to consult an law firm that focuses on this area of the law and has the resources to prepare a wrongful death claim.
Time can be crucial in any legal action, to preserve evidence and interview witnesses, which are important factors in a negligent fatal accident. Investigating and preserving evidence will involve investigators, accident reconstruction experts and medical experts, who are able to evaluate the evidence collected, as well as the cause of the death. So if you think you might have a claim, you should retain counsel as soon as practicable.

Statutes in Wrongful Death Claims
Statutes in this type of claim originally did not exist in laws, until state legislators determine that the current law that a legal claim died with the victim, was not fair to the family. [...]

By |September 2nd, 2012|News|Comments Off on California Wrongful Death Cases – Accident Injury Lawyer (blog)|