Terrance Franklin's family suing Minneapolis Police Dept. - KMSP-TV

Terrance Franklin's family filing wrongful death lawsuit against Minneapolis police

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MINNEAPOLIS (KMSP) -

Nearly a year after Minneapolis police shot and killed Terrance Franklin, an attorney representing his family is preparing to file a federal civil rights and wrongful death lawsuit saying a culture of racism inside the MPD played a role in the killing. A rough draft of the lawsuit was obtained by Fox 9 News.

In the lawsuit, attorney Michael Padden says racism is “endemic in the MPD,” and the “overall goal was to convene a theme to African Americans in Minneapolis that the City of Minneapolis was not ‘nigger friendly.’" No sourcing or attribution is given for that quote in the lawsuit which is unusually rich in conjecture and supposition.

Franklin was shot multiple times by police on May 10, 2013, in the basement of a home on the 2700 block of Dupont Ave. S. Police had chased Franklin for about a half-an-hour before officers on the SWAT Team and a police canine had cornered Franklin in the basement. A Hennepin County Grand Jury cleared three Minneapolis Police officers of wrongdoing in September after prosecutors presented evidence that Franklin, who was unarmed, pulled the trigger of an officers assault rifle in a struggle, shooting two police officers; and, that officers subsequently shot and killed Franklin.

The lawsuit also appears to ignore salient facts related to the pursuit, which began at an apartment complex at 28th & Lyndale Ave. So. Minneapolis Police arrived because Franklin was a suspect in an earlier burglary in the apartment. The lawsuit says, “After questioning, TF (Terrance Franklin) proceeded to leave the scene by driving a short distance and exited the vehicle on foot.” According to police, Franklin drove off and nearly struck a Minneapolis Police officer who was standing in front of the vehicle and then fled on foot.

The lawsuit relies heavily on a YouTube video which purports to show responding officers to the shooting. The attorney claims audio in the video has officers using racial epithets and records two way communication of officers threatening Franklin.

The lawsuit is expected to be filed tomorrow in U.S. District Court.

A rough draft can be seen here: http://www.scribd.com/doc/222944970/Terrance-Franklin-Wrongful-Death-Lawsuit

POLICE RESPONSE

The president of the Minneapolis Police Federation, John Delmonico, described the lawsuit as "crazy and full of lies.” Delmonico said the video referenced in the lawsuit has been enhanced and, “in no way shape or form uses racist language.”

“This guy burglarized a house and shot two cops,” said Delmonico. “Everything was done by the book.” Delmonico dismissed allegations that officers rubbed Franklin’s DNA on a police assault rifle. “Everything in this case was done by the book.”

In a statement, Minneapolis Police Chief Janee Harteau said the department offered documentation, evidence, and explanations for the officers actions in September after a Hennepin Grand Jury elected not to indict the officers.

“I continue to support the actions of my officers and agree with the decision of the Grand Jury,” Harteau said.


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