|
News
Release
June 2, 2003
Contact: DEA S/A David Jacobson
(313) 234-4220
DEA
is Vindicated in Civil Lawsuit
Resulting from 1997 Shooting
Detroit, MI- On May
30, 2003, United States District Judge Robert H. Cleland issued a written
legal judgement regarding civil tort action Juan-Jose Guerra Morales vs.
The United States of America, namely the United States Drug Enforcement
Administration (DEA). Morales had retained attorney Ven Johnson from the
law firm of Feiger, Feiger, Kenney and Johnson. Judge Cleland ruled against
the plaintiff and in favor of the United States and the United States
Drug Enforcement Administration.
The lawsuit against
DEA involved an incident that occurred on December 4, 1997. For the prior
two days, Morales and numerous co-conspirators had negotiated with undercover
DEA personnel to sell the undercover agents two kilograms of cocaine for
$48,000. On December 4, 1997, the conspirators devised a plan to rob the
undercover agents at gunpoint and steal the money. During the attempted
armed- robbery, suspect Walt Morris was shot and killed by Agents and
Juan Morales was severely wounded.
Morales and his attorneys
filed a lawsuit in federal court seeking millions of dollars in damages.
They claimed that DEA personnel used excessive force against Morales.
In denying the plaintiffs charge of excessive force, the Finding of Facts
and Conclusions of Law cited by Judge Cleland show that in the context
of an armed robbery attempt lasting only a few seconds, "Courts cannot
ask an officer to hold fire in order to ascertain whether the suspect
will, in fact injure or murder the officer. The high number of officer
mortalities in recent years illustrate the unreasonableness of such a
notion."
"We were always
confident that the legal system would respect the actions that Agents
took to save their lives and protect the lives of others. We are glad
this situation is finally resolved," said Special Agent in Charge
Michael Braun of the Detroit Field Division.
|