Russell v. Superior Court of the Virgin Islands

L.T., 15 years old, was designated by the Virgin Islands Superior Court a “Person in Need of Supervision” who “habitually disobeys the reasonable demands of the person responsible for the child’s care and is beyond their control.” V.I. Code tit. 5, 2502(23). L.T. was subject to a court order to “follow the reasonable rules of his mother while living with her.” His mother (Russell) continued having problems with his behavior. One day, Russell contacted the Superior Court and “requested that [L.T.] be brought before the judge to answer for his behavior.” Superior Court Marshals, including Deputy Richardson, arrived at Russell’s home later that day. L.T. was “relaxing in his room, in his underwear and unarmed.” According to Russell, “Richardson shot [L.T.] under circumstances that were unjustified and an excessive use of force since [L.T.] was unarmed and did not threaten bodily harm to the marshals or third parties as he was attempting to run past the marshals.” L.T. was airlifted to Puerto Rico for medical treatment, but the shooting rendered him a quadriplegic. Russell sued, 42 U.S.C. 1983. On interlocutory appeal, the Third Circuit held that judicial immunity does not extend to protect an officer from a suit challenging the manner in which he executed a court order but held that a claim for gross negligence, for which the Virgin Islands has not waived sovereign immunity, should be dismissed. View "Russell v. Superior Court of the Virgin Islands" on Justia Law