911 dispatcher sued over woman's violent deathby: Chip Yost
AURORA - Lawyers say it appears to be a first of its kind case in Colorado. A Denver woman is suing a 911 dispatcher for not sending police after two emergency calls for help.
Le Thu Nguyen was killed in 2001 after she was kidnapped and murdered by her ex-fiance, Omar Green. A witness and Nguyen's mother called 911 during and just after the kidnapping, but the 911 dispatcher who answered both calls wouldn't send police.
The Colorado Governmental Immunity Act outlines when citizens can sue the government and when they can't. In this case, the city of Aurora is immune from a lawsuit so the city is not named as a defendant.
The rules are different for when citizens can sue government employees individually, so Nguyen's mother has filed a lawsuit against the individual dispatcher who took the calls, Jeanette Price.
Susan DuVall, Nguyen's mother, says she still can't believe that when she called to report that her daughter was being kidnapped, that Price didn't believe her.
"I knew it was serious. I needed to give her the main concern of this call, her life was in danger," DuVall said.
Price didn't send emergency help even though an eyewitness, John Chauvin, who called 911 and talked to Price minutes earlier - while the kidnapping was still in progress.
Here is part of a transcript from Chauvin's 911 call to Price: "This black guy jumps into this Asian lady's car, like she was squealing away from him, and then he parked it in the parking lot still - he's still in the car with her."
Emergency help was never sent. Nguyen's body was found the next day.
The city of Aurora is now defending Price in the lawsuit brought by DuVall on behalf of Nguyen's two surviving children. The city says Price was reprimanded for her handling of the calls, but in court papers, the city has argued that there is "no evidence" that Price's actions were "anything more than simple negligence."
9News legal analyst Scott Robinson says that wording is key, since proving negligence isn't enough to win a case against a government employee.
"It isn't enough to show that the 911 operator didn't do her job very well," Robinson said. "They have to show that she was willful and wanton, which essentially means that she completely disregarded the rights of a human being and ignored the emergency calls."
Susan DuVall's attorneys, Gregory Gold of Greenwood Village and Jeffrey Hill of Colorado Springs, argue that this case rises to that higher level. They cite Price's tone of voice and her repeated attempts to end the 911 calls after being told of the urgency of the situation.
"How much more of an emergency do you want before you send the police?" Gold asks.
Because of statutory caps - if DuVall makes it to court and wins - then most experts say she could hope to collect is $150,000 dollars per child.
If that happens, the unresolved question becomes this: Would Price have to pay it herself - or would the city pay it for her. Robinson says while the city is legally obligated to defend Price, the city is not obligated to pay a judgment if Price's conduct is found to be "willful and wanton".
Because the case is still pending, the city of Aurora said Jeanette Price would not be able to comment.
Omar Green, Nguyen's ex-fiance, was convicted of her murder.
http://www.9news.com/acm_news.aspx?OSGNAME=KUSA&IKOBJECTID=f8579ab3-0abe-421a-009d-e553b12074a2&TEMPLATEID=0c76dce6-ac1f-02d8-0047-c589c01ca7bf*FW Note:This poor woman's fate should not surpise anyone who has carefully considered the likely result of placing the responsibility for your personal safety into someone else's hands.
Calling 911 is like ordering a delivery pizza.
"Hello, I'd like to have you pick up a body... "
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