Vets Home case moved to federal court

The Missoula attorney representing the Columbia Falls Police Department following a Tasing incident at the Montana Veterans Home last year was unopposed in his request to move the lawsuit filed in the case from state court in Helena to federal court in Missoula.

William Crowley noted that since the plaintiff, Tamara Downen, the granddaughter of the man who was Tased, claims alleged civil rights violations, the case should be decided in federal court. He also cited the convenience of the parties and witnesses in having the case moved from Helena to Missoula.

Stanley Downen, 77, a Korean War veteran suffering from Alzheimer’s, had walked away from the Vets Home on June 1 after staying one night. Vets Home staff were unable to stop him as he proceeded north up Veterans Drive to the baseball fields.

The two Columbia Falls police officers who responded reported that Downen would not cooperate and threatened to throw a rock he was holding at them. One officer deployed his Taser, and Downen injured himself when he fell to the ground.

Downen was transported by ambulance to Kalispell Regional Medical Center. He died 23 days later, on June 24, 2012. His granddaughter’s complaint alleges he died from injuries caused by the fall when he was Tased.

The complaint and demand for a jury trial, filed April 5, names the Columbia Falls Police Department, the Montana Veterans Home and the Montana Department of Public Health and Human Services. The complaint charges the Vets Home with malpractice and the police department with assault and battery. It seeks unspecified damages, including punitive damages against the police department.

In his May 28 answer to the complaint, Crowley claimed that “no wrongful act or omission of the City of Columbia Falls or CFPD caused Mr. Downen’s death, and Mr. Downen’s heirs may not assert a wrongful death claim.”

Crowley also stated that the defendants deny that “Downen’s death was caused by the use of force or his fall to the ground,” that “any injury or damage was caused to Mr. Downen or his heirs as a result of the negligence of any defendant or their employees in this action,” or that “the police officers violated any legal duty.”

Crowley concluded by stating that “Downen’s own negligent acts or omissions caused the damage or injuries to himself and his heirs” and that “Downen’s use of profanity and his action to throw rocks was effective consent to or provocation for the conduct used against him.” Crowley asked that the claims be dismissed on their merits.