Michael’s 22nd Birthday is Today

The family of Michael Bell, the 21-year-old man fatally shot by a Kenosha police Officer on the morning of November 9, 2004, filed a negligence claim against the City of Kenosha Friday seeking damages of $200,000. The city has 120 days to respond to the claim initiated by the family. If the city refuses to pay, a civil lawsuit will be filed. "Obviously we feel that in this case the family should be getting more than that, but governments are protected by state statute with a $50,000 liability cap per person," said the family’s attorney Patrick Dunphy. Persons included in the suit include Michael E. Bell, the father, Michael M. Bell; his mother Kim Bell; and his sister Shantae Bell Once the city makes a decision on the claim, Dunphy said the Bell family plans on filing a second negligence suit based on federal law they believe was also violated during the Nov. 9 shooting. "There is no statutory cap on damages for the federal suit, nor do we have to first file a claim," Dunphy said. "However, we will first let the city decide how they want to work with us on the state law claim." Patrick Sheehan, assistant city attorney, said Friday afternoon he had not seen the claim, therefore would not comment. "Obviously this is a tragic circumstance and one has to feel for the Bell family," Sheehan said. "We will certainly look at the claim and respond to it in a timely manner." The claim says that Gonzalez negligently shot Bell, violating standard and accepted police practices. The document also names Officers Erich R. Strausbaugh, David H. Krueger, and Erich S. Weidner as negligent. Michael M. Bell said the family would do whatever they could to ensure another family doesn't have to go through the pain they have endured. "I've been going through a lot of the files again and this is just a really sad period for us," Bell said. "The tragedy of this whole thing is that Michael would have been 22 on March 3." Shantae Bell also said to me that no amount of money could buy her brother back, and if it could she would. Unfortunately money is the only thing this family can get but Michael’s family would rather have their son, and brother back.

~Krystle
www.michael.info
go to his website to see pictures, and evidence, and also the police cam video.