BENTON – Scottsdale Indemnity and National Casualty deny any duty to defend a claim of paraplegic plaintiff Deonyia Johnson that Venice police officer Matt Garrett wrongfully shot her ten times.
They petitioned for declaratory judgment at U.S. district court on May 4, claiming Johnson alleged violations of Venice policies and constitutional rights.
Johnson sued Garrett and the city in 2018, but Senior District Judge Phil Gilbert stayed the action pending resolution of criminal charges against her.
She pleaded guilty of a misdemeanor last year, and Gilbert lifted the stay and set jury trial next January.
Johnson’s complaint alleged that her red Mustang and Garrett’s patrol car stopped at a red light on Route 3 at Cedar Street on May 5, 2017.
The light turned green, Garrett activated his lights, and she turned towards McKinley Bridge and pulled over, the lawsuit claims.
She began to flee and he stopped his car in front of hers at the bridge.
Garrett allegedly got out, pointed his gun at her, and walked toward her.
She drove between him and his car and ran over his foot, the lawsuit claims.
He fired two bullets into her her window and when she drove up on a median he allegedly fired eight bullets behind her.
A bullet hit the left side of her back.
According to Johnson, city policy required a high degree of restraint with firearms.
She claims the policy permitted use of firearms only in defense of life after exhausting all reasonable alternatives.
She claims the policy states that officers should not shoot except to protect themselves or other persons from death or serious injury and that officers should not discharge firearms to subdue an escaping suspect who presents no immediate threat of death or serious injury.
She also claims officers should not discharge weapons at a moving vehicle unless absolutely necessary to protect.
Johnson couldn’t advance her claims because she faced felony and misdemeanor charges from her actions that night.
Last December, her counsel Richard Klein of Clayton, Mo. advised Gilbert that she agreed to plead guilty of fleeing and spend 12 months on probation.
Madison County State’s Attorney Tom Haine agreed to dismiss felony charges of aggravated assault and aggravated battery and a misdemeanor charge of driving under the influence.
Klein asked Gilbert to lift the stay and Gilbert granted it in January.
Scottsdale and National received first notice of the suit on March 9, according to their counsel Danita Davis of the Tressler firm in Chicago.
“The underlying lawsuit alleges there was no justification for shooting into the driver’s side and rear windows of Johnson’s car,” Davis wrote.
She claims Scottsdale issued a primary policy to the city subject to a $1 million limit per occurrence and $2 million aggregate.
She claims National issued an umbrella policy subject to a $1 million limit per occurrence and $1 million aggregate.
She claims the Scottsdale policy didn’t apply to injury arising out of any act or omission resulting from police activities.
“As Johnson’s arise out of an act, error or omission resulting for law enforcement activities of the city of Venice police department, Scottsdale owes no defense or indemnity for the underlying lawsuit under the primary policy,” she wrote.
She claims the National policy afforded no coverage for an accident to the extent Johnson’s injuries weren’t caused by an accident.
Wayne Skigen and Jason Johnson, both in the Tressler firm’s Edwardsville office, also represent the insurers.