UNC graduate student files lawsuit against NY Police Department

A UNC graduate student injured in a shooting at New York City’s Empire State Building in August has filed a lawsuit against the New York Police Department for what she is calling negligent and careless behavior.

Chenin Duclos, a graduate student in the Division of Physical Therapy, was visiting the city in August when she was shot by New York City police, according to a September press release from Duclos’ lawyers.

On Aug. 24, Jeffrey Johnson alledgedly shot and killed his former colleague, Steven Ercolino, near the Empire State Building.

During the pursuit of Johnson, nine bystanders, including Duclos, were injured by police gunfire.
According to Duclos’ lawsuit, Duclos was crossing 34th Street at about 9 a.m. that morning when she was shot in the leg.

The bullet, which came from a police officer, “completely destroyed” Duclos’ femur, the lawsuit states. She was hospitalized for about two weeks and continues to undergo intensive physical therapy, according to the lawsuit.

The lawsuit says police acted “unlawfully, wantonly, recklessly” in their pursuit of Johnson and should have followed Johnson to a location that would limit danger to innocent bystanders.

Amy Marion, one of Duclos’ lawyers, said Duclos decided to pursue the lawsuit in an attempt to regain a sense of normalcy.

“She doesn’t have a goal or agenda,” Marion said. “She just wants to be put back in the same position she was.”

Duclos did not respond to multiple requests for comment.

Marion said Duclos will walk with her class during graduation this year, but she won’t be able to practice physical therapy until she completes additional lab work. She missed nearly one month of classes after the shooting.

“She missed school for a month, but they’ve been very good about modifying and working with her,” Marion said.

“But she won’t be completed on time, and then how she will practice physical therapy and in what capacity we don’t know.”

Marion said the NYPD has 20 days to respond to the complaint filed against it.

As of Tuesday night, the department had not responded to the complaint, Marion said.

NYPD officials did not respond to multiple requests for comment.

Marion said the case will likely reach a jury, which will decide whether or not the officers involved were negligent — unless the city decides to settle with Duclos.

According to the lawsuit, Duclos is seeking unspecified damages.

“She’s responsible for her medical fees,” Marion said. “And also not knowing what the nature of her livelihood will be.”

Contact the desk editor at city@dailytarheel.com.