Childs, 15, was shot by officer James Turney.

Suspension could benefit $5 million suit, attorney says

By Brian D. Crecente, Rocky Mountain News
April 17, 2004

The attorney representing Paul Childs' family in a potential lawsuit against the city of Denver believes Thursday's suspension of officer James Turney could pave the way for a settlement in the case.

"Our hope is that this decision will lead to truthful settlement discussions and we won't have to file a suit," lawyer Tim Rastello said Friday.

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The city "seems open to a settlement," he added. "Before (Thursday) the city told us they were taking our claim very, very seriously, and (Thursday's) decision verifies that."

City Attorney Cole Finnegan said he could not comment on the lawsuit.

In January, Childs' family served notice that they planned to sue the city for at least $5 million.

Childs, a developmentally disabled 15-year-old, died July 5 after a confrontation with Turney, who responded to a call that the teen was threatening his mother with a kitchen knife.

On Thursday, Manager of Safety Al LaCabe announced that Turney would be suspended without pay for 10 months and placed in a desk job when he returns.

LaCabe said that while Turney was justified under the department's use-of-force policy to shoot Childs once the teen was standing 6 or 7 feet from him with a knife, Turney committed tactical errors that put him in that position.

Rastello says the decision would help the lawsuit immensely.

"It establishes an important element of our claim - that the department's policy led to the death of Paul Childs," he said.

"Under federal law that policy is unconstitutional and was a substantial cause of Childs' death."

Rastello said if the city changes its use-of-force policy, the Childs case could be the last one of its kind the city has to settle.

"If they change their policy as the mayor has committed to do, this will slam the gates on future lawsuits," he said.

The Childs family has until July 4 to settle or file the lawsuit, Rastello said.

Copyright 2004, Rocky Mountain News. All Rights Reserved.