Malik Case Heads To Trial

by Melissa Bailey | June 11, 2009 12:10 PM | | Comments (8)

DSCN2774.JPGA higher court has denied the town of East Haven’s appeal in the Malik Jones brutality suit, paving the way for a new trial in September.

The Second Circuit Court of Appeals denied East Haven’s attempt to appeal a judge’s decision regarding a $2.5 million judgment awarded to the mother of Malik Jones, who was fatally shot by East Haven cops.

The New Haven chapter of the NAACP, whose lawyers filed a brief in the case blocking East Haven’s appeal, hailed the dismissal as “a huge victory for civil rights here in greater New Haven and across the country.”

The dismissal paves the way for the case to go to trail, with jury selection set for Sept. 10 before Judge Alvin W. Thompson in Hartford’s U.S. District Court.

East Haven’s appeal centered on whether the town should pay compensatory damages to Emma Jones (pictured), who filed suit against the East Haven police department, arguing that a cop used excessive force when he killed her son Malik won April 14, 1997. Click here for a background story.

Judge Thompson initially accepted a verdict awarding $2.5 million in damages to Emma Jones. There was a problem with the verdict, however: the damages were charged to the town, not to the man who shot Malik, Former East Haven cop Robert Flodquist. Municipalities can’t be held liable for punitive damages in these cases.

Recognizing the error, Thompson subsequently vacated the verdict and scheduled a hearing to decide whether Jones should be paid compensatory damages by the town, which the law does allow. The town of East Haven filed an appeal in attempt to block hearing; their appeal was dismissed on May 29. In dismissing the case, the appellate court ruled that it did not have jurisdiction to intervene with the case at this time while it is still before Connecticut U.S. District Court.

Hugh Keefe, the attorney representing East Haven, said that type of appeal he made is “very seldom heard by the appellate court.”

“Judge Thompson made a major mistake” in his decision. If the trial ends in a judgment for Emma Jones again, Keefe said he intends to raise the same issues at the appellate court again.







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Comments

Posted by: citizen | June 11, 2009 12:19 PM

YOU GO GIRL It is about time

Posted by: nfjanette [TypeKey Profile Page] | June 11, 2009 12:47 PM

"East Haven loses a round"

Could NHI try any harder to spin this story? The "round" didn't happen, because the court did not take the case.

Posted by: bfair [TypeKey Profile Page] | June 11, 2009 4:36 PM

The fact that the 2nd Circuit Court of Appeals denied yet another (round/attempt) in East Haven's attempt to deny Emma what she is justly due is a VICTORY!!!! Emma, Never Give Up!!! You are a true example of the enduring strength of the Black woman.

Posted by: STYLENE | June 11, 2009 9:11 PM

YEAH, I GUESS.

Posted by: Concerned Citizen | June 12, 2009 12:01 AM

It is MOST unfortunate that the judge made an error; that error should be corrected; it does NOT change the facts in the case. Robert Flodquist was acting on behalf of the town of East Haven when he chased and gunned down Malik Jones in New Haven. Malik Jones was NOT putting up a fight with the East Haven Police. He did not attack anyone in East Haven; he ran away and was chased for miles and MURDERED in cold blood!

Had Malik Jones been a white youngster from Woodbridge, Orange or some other affluent suburb, I doubt he would have been chased to his town and gunned down. Flodquist should be sued for punitive damages, and the town of East Haven be made to pay compensatory damages to Emma Jones for the loss of her son. Regardless of how Hugh Keefe wants to manipulate the law on behalf of his unconscionable client- the town of EH, the facts in the case remain the same. Because of the hostile environment towards black people that existed in EH, Malik Jones, a young black male from NH, did not live to see his 20th birthday.

Many years ago I tried to rent an apartment in EH; I gave a deposit to a real estate agent. The following day when I went back with a friend to check out the area during the day, one of the existing tenants told me that if the landlord knows that I am not white, I will not get the apartment. That was over 20 years ago. Judging by what has been happening to the Hispanic store owners in EH recently, things have not changed a great deal. Clearly Hugh Keefe has no qualms about taking the town of EH's money; the more of it the better. We understand that he went to law school so that he can be prosperous; but is there ever a limit as to who he would defend to be richer?

As to the nfjanette's comment about NHI spinning this story - if the intent of your comment was not so pathetic and disturbing it would be a laugh. If we had more journalists of the caliber of those who run the NHI, and if we had more ethical police officers and principled lawyers stories such as this would not have to be written. If we had more fair-minded citizens who saw human beings before they see color, the killing at the Holocaust Museum yesterday would not have happened.

We live in an increasingly disturbing time. We all need to stop and think about the effects of our words and our actions. James von Brunn, 88 years old, carried a lifetime of hatred and a rifle to the entrance of the U.S. Holocaust Memorial Museum; he was met with a simple act of kindness: a security guard opening the door for him. Tonight that security guard is dead; hatred kills.

Posted by: notimon | June 12, 2009 10:54 AM

Stylene you are so right Hatred does kill and that is exactly what Flodquist did out of pure hate, killed Malik. Ms Jones congradulations and I hope you bankrupt the town of East Haven.

Posted by: Curious_in_CT | June 21, 2009 8:08 AM

If a subject interest me, I try to gather as much information as I can before forming my opinion. I will read the New Haven Independent if the subject pertains to inner city New Haven,as the Malik Jones case does.
Why is Malik Jones made out to be a saint? He was high on PCP,leading police on a chase and drove his car at a police officer. These aren't my opinion they are facts. For Concerned Citizen to say he was murdered is inflammatory to say the least.
I would hope that BFair is not the occasional columnist at the Register, Barbara Fair.
I admit that I don't have all the information but I'm trying to make sense of this. Please don't claim that I am some white guy from the suburbs who doesn't know what it like to be black. I lived on Lamberton Street for 11 years.Only by the hard work of my parents(who were actually married when they had children)was I able to get out.

Try to remember this : DON'T CONFUSE MALIK JONES WITH JAJUANA COLE !
Should he have been shot--NO, but he was not an innocent child at play on her steps.
Thank you

Posted by: Tracy's Godmother | July 15, 2009 7:30 PM

"Justice delayed is justice denied." Thank God Emma and the Jones family have this opportunity. May it bring peace as well as justice.

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