Man shot by police officer: Excessive force: Paraplegia: Verdict

Law Reporter, Mar 2004

CIVIL RIGHTS

Campos v. City of New York, N.Y., New York County Sup. Ct., No. 108667/96, Oct. 10, 2003.

Campos, 23, approached an off-duty police officer, tapped him on the shoulder and asked him for money. Campos claims he mistook the officer for his friend who owed him money, while the officer asserts Campos tried to rob him. Campos and the officer argued and Campos walked away. The officer shot Campos in the back, resulting in T9-10 paraplegia. His past medical expenses were approximately $165,000, and his future medical expenses are estimated at $4.5 million. Formerly a fast food cook, Campos is now taking computer training classes.

Campos sued the city, alleging that even if the officer reasonably believed he was being robbed, he used excessive force by shooting Campos.

A jury awarded plaintiff $17.5 million. The court granted defendant's posttrial motion for remittitur, and reduced the verdict to $17 million. Defendant is expected to appeal the verdict. Campos was acquitted of the criminal charges against him.

Plaintiff's experts were Michael Cosgrove, police practices, Weston, Fla.; Thomas Fitzgerald, economics, Bronxville, N.Y.; and Jay Ward Kislak, physical medicine, Howard Adelman, pathology, and Gary Korenman, neurology, all of New York, N.Y.

Defendant's experts in this case were Lauren Greene, endocrinology, and Paul Buonfiglio, rehabilitation, both of New York, N.Y.

Plaintiff's Counsel

*Philip Russotti, New York, N.Y.