The Kentucky Supreme Court has overturned a ruling that provided immunity to police when someone was killed or injured as a result of a police chase.
The initial ruling, issued in 1952, was intended to protect officers and police agencies from legal efforts against them. The Kentucky Supreme Court, though, reversed the ruling and victims who are injured or family members of victims who are killed as a result of a police chase may now sue the department or officer.
This comes after the 2014 death of Luis Gonzalez and Geneva Spencer. The two were driving on Hwy 25 in Lexington when they were struck head on by Keenan McLaughlin while he was fleeing from a Scott County deputy.
According to WKYT.com, after an investigation it was publicly released that the pursuit began in Scott County after deputies attempted to stop McLaughlin – a well-known drug dealer at the time. Deputy Jeremy Johnson pursued McLaughlin into Lexington before discovering the lights on his cruiser were working but the sirens were not. Johnson told investigators the moment he decided to abandon the pursuit because of the faulty siren, the collision killing both Gonzalez and Spencer occurred.
McLaughlin was later arrested after a standoff a few blocks from the crash. He was charged with two counts of manslaughter and sentenced to 17 years in prison.
After initially filing a lawsuit against Johnson and Scott County Sheriff Tony Hampton, Gonzalez’s family’s suit was tossed out of court because of the 1952 ruling. In light of the ruling being reversed, Gonzalez’s family has now re-filed wrongful death lawsuits against Johnson and Hampton.
By Ken Howlett, News Director
Contact Ken at ken@k105.com or 270-259-6000
