« Ind. Decisions - One Indiana decision today from 7th Circuit | Main | Ind. Law - Bill would prevent those convicted of killing their child's other parent from receiving benefits in the event of the child's death »

Tuesday, January 22, 2008

Ind. Courts - Wrongful death trial in Ball State student's 2003 shooting to begin

Seth Slabaugh of the Muncie Star Press reports:

A jury in U.S. District Court in Indianapolis is expected to hear two completely different versions of what happened in the backyard of 1325 W. North St. around 3:30 a.m. on Nov. 8, 2003.

The six-member jury is scheduled to be selected Tuesday to hear the excessive-force lawsuit filed by Timothy McKinney, Bedford, against Robert Duplain, a former rookie Ball State University police officer who fatally shot McKinney's son, Michael.

In trial briefs filed with the court on Friday, attorneys for the two sides didn't agree at all on the facts of the case.

As representative of his son's estate, McKinney is seeking millions of dollars in damages from Duplain for loss of love, society and companionship, pain and suffering, economic damages, including loss of income and loss of life, and punitive damages.

The remainder of the story presents the differing versions of the events as presented by each side. A sidebar gives the timeline.

The ILB has posted a number of prior entries on this case:

Ind. Courts - "McKinney vs. Duplain case might be postponed"

Seth Slabaugh reports today in the Muncie Star-Press:Well-known Michigan attorney Geoffrey Fieger is the lead counsel in a wrongful-death lawsuit brought by the estate of Michael McKinney, a Ball State University senior who was shot to death four years ago...

Posted in The Indiana Law Blog on December 10, 2007 01:00 PM

Ind. Decisions - So far "McKinney lawsuit costs BSU $650,000"

Seth Slabaugh of the Muncie Star-Press reports today:MUNCIE -- Ball State University has spent nearly $850,000 defending its police chief, Gene Burton, and former rookie officer Robert Duplain against a federal lawsuit alleging unreasonable use of deadly force. "A portion...

Posted in The Indiana Law Blog on June 11, 2007 08:05 AM

Ind. Decisions - "Court OKs Ball State shooting lawsuit"

"Court OKs Ball State shooting lawsuit" is the heading to a brief AP story posted on the Indianapolis Star website this morning. It reports:MUNCIE, Ind. -- A federal appeals court is allowing a wrongful death lawsuit to proceed against a...

Posted in The Indiana Law Blog on September 26, 2006 09:40 AM

Ind. Decisions - 7th Circuit issues two Indiana decisions today

In McKinney, Timothy v. Duplain, Robert (SD Ind., Richard L. Young, Judge), a 28-page opinion [this is the case of the Ball State student shot by police], Circuit Judge Manion writes:Michael McKinney’s father, Timothy McKinney, as representative of Michael’s...

Posted in The Indiana Law Blog on September 12, 2006 01:10 PM

Posted by Marcia Oddi on January 22, 2008 12:41 PM
Posted to Ind Fed D.Ct. Decisions