The Virginian-Pilot
©
NORFOLK
Jurors decided Wednesday that Philip Harvey should get $13,000 for being bitten by the police dog of Gordon Barry, who mistakenly shot and killed a fellow police officer during a disturbance in Young Terrace.
Harvey sued Barry, saying the officer acted recklessly when he loosed his police dog in a crowded courtyard on the 400 block of Nicholson St. in May 2006. Barry testified that he believed his actions would save the life of Harvey's brother, Denardo, who was in a confrontation with an armed man.
The armed man turned out to be Officer Seneca Darden, who had responded to the scene in plainclothes.
The lawsuit dealt only with Harvey's dog bite injuries and not with issues related to Darden's death. Barry was cleared of wrongdoing in Darden's death by two investigations in 2006.
In their closing arguments to the seven-person jury, lawyers painted drastically different pictures of the events.
One of Harvey's lawyers, Adam Lotkin, told jurors that his client was on his hands and knees with pepper spray in his eyes when Barry's dog attacked. There were 50 to 60 other people in the vicinity, Lotkin said, and the only person who testified that Barry gave warning before setting the dog loose was Barry himself. Harvey suffered bites to his ear and left hand.
"We have a problem if a person doesn't take personal accountability for events that occurred that particular evening," Lotkin said.
One of Barry's lawyers, James E. Cales III, said Denardo Harvey caused Darden to pull his gun that night, which led Barry, who did not recognize Darden as a police officer, to first release the dog and then to fire.
"How is it possible that attempting to save a life was a disregard for the rights of others?" Cales asked jurors.
Further, Cales argued, some witnesses gave testimony that Philip Harvey had also been struggling with an officer.
Lotkin said Wednesday afternoon that he and Harvey were pleased with the verdict.
"At this point, we're weighing our options on how to proceed," Cales said.
Michelle Washington, (757) 446-2287, michelle.washington@pilotonline.com
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Cops are perfect!
Cops are perfect, cops never make mistakes, cops never break the law, cops are all warm nice guys who would never act on their prejudices, cops never use excessive force, cops never break laws, cops never lie, cops never cover things up, and cops always are there to serve and protect, even in public housing. Cops are always right!
This is simple really
When a police officer commands you to do something comply with his orders. That entire area was a crime scene and unless you were directly involved in the crime you had no business being out there to start with. If you have even been in one of these events where the entire project pours out and goes crazy it is near impossible to tell who is the " bad guy " and who is simply one of the many out of control citizens.
This entire fiasco could have been avoided by citizens simply staying in their homes and complying with the officers orders.
Public housing
The saying is "You have to fight the whole village to arrest one child". I read an earlier post that mentioned self control, that hardly exists in most of public housing.
Animals
They should put a high fence around that park and just let nature take its course. What a disgusting appeasement that award is.
in my honest opinion
The lawyers statement that "We have a problem if a person doesn't take personal accountability for events that occurred that particular evening," is why the jury found in favor of the plaintiff. I dont think it was about the dog bite at all, in my opinion, some people are upset that officer Barry wasnt held accountable in the officers death, and this was a way to make him pay somehow. Just an opinion.
If this jury was really
If this jury was really concerned with personal accountability, they would have awarded Mr. Harvey nothing.
Where is Mr. Harvey's personal accountability for putting himself in this situation in the first place? Where is his brother's personal accountability for being a part of creating the problem?
Shame! Shame! Shame!
Maybe he should take that
Maybe he should take that money and pay the government back since he gets to live in public housing for next to nothing
$$$$$
There were NO punitive damages awarded to Mr Harvey. His award was based on medical bills. Once the medical bills and lawyers are paid....hmmmm maybe dinner at MacDonalds?
Punitive damages: Damages awarded by a court against a defendant as a deterrent or punishment to redress an egregious wrong perpetrated by the defendant.
Medical Expenses
Will Mr. Harvey's medical expenses related to this dog bite get paid out of his $13k award or did private insurance or Medicaid pay those bills?
medical expenses
It should be....thats what the award was for.