Black Man's Suit Against Amarillo Police & Taser International Dismissed on Procedural Grounds: Lawyer Didn't File Timely Response

An Amarillo attorney representing the parents of a man who died after police shot and used a TASER on him in 2003 said he is mulling his appellate options after their wrongful death lawsuit was dismissed Monday. U.S. District Judge Mary Lou Robinson granted the city of Amarillo's motion for summary judgment Monday, citing lack of timely response from the couple's attorney, John Mann. On April 16, 2003, police fired two bullets and multiple TASER shots at Corey Clark as he repeatedly attempted to flee from police while driving a reportedly stolen car, according to court records. Clark died. However, an autopsy ruled that his death was due to acute cocaine intoxication, court documents show. Clark's parents - Donald and Betty Clark - sued Amarillo Police Sgt. Phil Dean, five officers, TASER International Inc. and the city of Amarillo, alleging that the city's policies governing the use of TASER guns allowed for the "unconstitutional use of excessive force,". The plaintiffs failed to prove excessive force, Robinson's judgment states. "Further, plaintiffs have come forth with no evidence of a pattern of earlier uses of excessive force during the execution of arrests similar to what plaintiffs allege occurred in this case," the judgment states. Dean, the officers and TASER International were dropped from the case last year. As the last defendant, the city filed for summary judgment Dec. 23. "I didn't think their motion was meritorious," Mann said, explaining why he didn't file a response. "I thought we had created (a case) of fact as to the dangerous propensities of the weapon as a matter of law," Mann said. [more] and  [more]