Friends & Colleagues,
Very disappointing news: We had to drop the lawsuit against Las Vegas Metro. The following news release provides the basic details. In short, it looked like we'd never win on appeal, because the Ninth Circuit Court almost always finds in favor of cops — even when excessive-use-of-force HAS been established.
However, in some ways, this is liberating. We're now free to launch several initiatives that, in the long run, will have more impact. For one, I'll be publishing "The Permit," a novel based on the actual events of Erik's murder. The book should be completed within the next few months.
Lisa Mayo-DeRiso Immediate Release
Scott Family Announces Erik B. Scott Lawsuit to be Dismissed
Las Vegas, NV (March 13, 2012) - Upon advice of legal counsel, the family of Erik B. Scott has dismissed its lawsuit against the Las Vegas Metropolitan Police Department, Sheriff Doug Gillespie and the three officers who shot and killed Erik on July 10, 2010.
"We are extremely disappointed, and this action is being taken with great reluctance," said William B. Scott, Erik's father. "We thank our attorney, Ross Goodman, and his team for their outstanding efforts on Erik's and our behalf. It's time to move on with our lives.”
"We feel Erik was wrongfully killed, through an incredibly tragic mistake," he added. "Officer William Mosher claimed he tapped Erik on the shoulder, and Mosher confirmed, at the coroner's inquest hearing, that Erik responded by stating that he had a concealed firearm. Erik was trying to comply with the officer's conflicting commands, when Mosher fired two shots. The commands and those first shots occurred within two seconds. Mosher's first round hit Erik in the heart, killing him instantly. The second round went through Erik's right thigh. Officers Mendiola and Stark then fired another five rounds into Erik's back, after my son was on the ground and dying."
Despite multiple witnesses confirming Erik was complying with Officer Mosher's commands, recent Ninth Circuit Court opinions finding "qualified immunity" for police officers, even after agreeing excessive force had been used, makes it difficult to proceed with this lawsuit.
"While we believe the Costco surveillance-video data — which captured the shooting — provides irrefutable evidence that Erik was wrongfully killed, the 'missing' segment of that video makes it difficult to overcome those qualified-immunity legal issues," Scott said.