Tillman V. The City Of New York Et. Al

Case Background

On April 13, 2018, Plaintiff  Antoinette Tillman filed a Wrongful Death lawsuit in the United States District Court, New York Eastern(Case number: 1:18cv2211). This case was assigned to Judge Rachel P. Kovner and referred to Magistrate Judge Joseph A. Marutollo.

Cause

On April 17, 2016, at approximately 1:00 a.m., police officers from the New York City Police Department (NYPD) approached George Homer Tillman III while he stood beside his parked vehicle near 116th Street in South Ozone Park, Queens, New York. The officers confronted Tillman about holding an open bottle of alcohol. He immediately complied by handing the bottle to a friend. Despite his cooperation, the officers escalated the situation unnecessarily. Tillman attempted to return to his vehicle to leave the area with his wife and friends. However, the officers exited their patrol car and approached him aggressively.

Their actions created significant fear and apprehension, prompting Tillman to flee on foot out of concern for his safety. While running down 116th Avenue, four police officers discharged multiple rounds at him. The gunfire struck Tillman, causing fatal injuries. He died almost instantly at the scene. Tillman was unarmed during the encounter, and the officers failed to use alternative non-lethal methods, such as tasers or batons, to detain him, despite having those options available. Their actions violated NYPD protocols and reflected a disregard for preserving human life.

Injuries

The officers’ excessive use of force caused severe physical injuries to George Homer Tillman III, resulting in his immediate death. His family, including his wife, Antoinette Tillman, and their three children, experienced profound emotional and psychological trauma. The family endured significant financial losses due to the wrongful death of their provider and the primary source of emotional support in their lives. Tillman’s estate suffered additional damages, including the loss of his companionship and the deprivation of his love and care for his family. The officers’ actions caused lasting psychological harm to his family, who now live with the horror of the incident and the knowledge that it was preventable. Their grief was compounded by the fact that the officers’ conduct violated established police protocols and legal standards for the use of force.

Damages

The plaintiff sought comprehensive damages to address the devastating impact of the police shooting in a Wrongful Death case. The damages included:

  • Compensatory damages for the loss of life
  • Punitive damages to punish police misconduct
  • Damages for pain and suffering
  • Loss of services and financial support
  • Emotional and psychological distress
  • Attorney’s fees and legal costs

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Antoinette Tillman, Individually and as Adminstratrix of the Estate of George Homer Tillman III
    • Counsel for Plaintiff:  Paul V. Prestia | Cassandra Rohme | Gregory Nahas
  • Defendant(s):The City of New York | The New York City Police Department | Sergeant Thomas Sorrentino | Police Officer Michael Renna | Police Officer Kenneth Stallone | Police Officer Mateusz Krzeminski | Police Officer John Arnold
    • Counsel for Defendants: Ashley Rebecca Garman | Brian Christopher Francolla | Hannah Victoria Faddis

Claims

Antoinette Tillman, as the Administratrix of the Estate and in her individual capacity, pursued legal action against the City of New York, the NYPD, and the involved police officers for multiple claims. She alleged that the officers’ actions violated federal and state laws, including 42 U.S.C. § 1983, by depriving Tillman of his constitutional rights. The claims highlighted the officers’ use of excessive force, assault, and battery, which resulted in Tillman’s death. The lawsuit also asserted negligence on the part of the City and the NYPD for failing to properly train, supervise, and discipline their officers. The claims emphasized that the officers failed to adhere to NYPD guidelines for the use of force and acted recklessly by discharging their firearms without justification.

Antoinette Tillman filed a multi-faceted Wrongful death lawsuit presenting seven distinct causes of action:

  • Wrongful Death Claim
  • Negligence
  • Negligent Hiring and Retention
  • Civil Rights Violations (42 U.S.C. § 1983)
  • Assault and Battery
  • Punitive Damages
  • Loss of Services

The claims argued that the police officers violated Tillman’s constitutional rights under the First, Fourth, Fifth, Eighth, and Fourteenth Amendments. The lawsuit highlighted multiple legal violations, including excessive force, deprivation of due process, and unconstitutional use of lethal force.

Constitutional Violations: The complaint detailed specific constitutional and legal violations by the police officers:

  • Used excessive and unnecessary lethal force
  • Violated Tillman’s civil rights
  • Failed to follow proper police procedures
  • Demonstrated negligent hiring and training practices
  • Deprived Tillman of his fundamental rights to life and due process

Defense

The City of New York mounted a comprehensive legal defense against the Wrongful death lawsuit filed by Antoinette Tillman regarding the shooting death of George Homer Tillman III. The city denied most of the allegations in the complaint and raised several key defenses. They argued that the complaint failed to state a valid claim for relief and asserted that the city had not violated any constitutional or legal rights.

The defense claimed that any injury sustained resulted from the plaintiff’s own negligence or the actions of third parties, not from the conduct of the city’s employees. They suggested that the plaintiff may have provoked the incident or was at fault. The city maintained that any force used was reasonable, necessary, and justified under the circumstances.

The defense further contended that the plaintiff failed to mitigate her alleged damages and may have not complied with certain municipal law requirements, such as specific procedural steps in filing the claim. They invoked governmental immunity, arguing that the city’s officials had exercised reasonable and lawful discretion in their actions.

The city also challenged the potential damages, arguing that punitive damages should not be assessed against them. They noted that the New York Police Department was not a suable entity and that any recoverable amounts might be limited by prior settlements or subject to reduction by collateral sources. Additionally, they argued that some of the plaintiff’s state law claims might be barred by the statute of limitations.

Ultimately, the City of New York sought a complete dismissal of the complaint and requested that the court grant them costs, disbursements, and any other relief deemed appropriate.

Jury Verdict

On November 27, 2024, the jury ruled in favor of the Plaintiff, awarding $6,300,000 in damages. The jury concluded that the Defendants, including the City of New York and the involved NYPD officers, acted negligently and violated George Homer Tillman III’s constitutional rights. They found that the officers’ use of excessive force during the shooting directly caused Tillman’s wrongful death. The jury emphasized that the officers’ actions reflected egregious police misconduct and a failure to follow established NYPD protocols. This verdict highlighted the role of excessive force in Tillman’s tragic death and the Defendants’ disregard for proper procedures during the incident.

Court Documents:

Available Upon Request