The lawyer for the 49-year-old bystander shot in the head by police at a Brooklyn subway station last month has filed an $80 million legal claim against the city.
Nick Liakas, the attorney representing Gregory Delpeche, said the Thursday filing is the first step toward a potential lawsuit against the city for Delpeche’s medical costs and suffering.
Delpeche was one of four people injured after police opened fire at the Sutter Avenue L train station in Brownsville last month. Police said they were following 37-year-old Derell Mickles who allegedly entered the station without paying the fare. The NYPD said officers attempted to subdue Mickles — who was allegedly carrying a knife — with a Taser before opening fire.
Mickles, Delpeche, a 26-year-old woman and one of the officers were all struck during the exchange of gunfire after the NYPD’s Taser attempt failed, according to police. Mickles pleaded not guilty to charges of attempted assault, criminal possession of a weapon, menacing and fare evasion at a hearing in Brooklyn Supreme Court last month.
While in the hospital, Delpeche reportedly had part of his skull removed to relieve swelling in his brain.
“There is no amount of money that can make up for the harm that Gregory has suffered – we can only hope to make his life more manageable by providing him with enough resources to take care of all of his medical needs,” Liakas said in a statement. “The NYPD caused irreparable harm to this innocent bystander and to avoid further tragedy, major policy changes must be considered, including eliminating the use of highly ineffective Tasers on civilians.”
Delpeche’s family is seeking $80 million in compensation while he “remains confined to a hospital bed in a level-one trauma center,” according to the filing obtained by Gothamist.
Both Liakas and Keith White, another attorney representing the Delpeche family, previously said the family would explore possible litigation at a press conference at the same train station last month, shortly after body camera footage was released.
“This is wrong, wrong, wrong!” Delpeche’s cousin, Gregory Nougues shouted as he held back tears at the press conference in September. “There’s no reason why he should be shot — this is unacceptable and this is reckless.”
The city’s law department did not immediately respond to requests for comment from Gothamist.
As Delpeche’s family seeks accountability, their call for major policy changes echoes growing concerns over the NYPD’s use of force and de-escalation tactics.