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911 dispatcher sued over woman's violent death
9News.com (Denver) ^ | 12/5/05 | Chip Yost

Posted on 12/05/2005 8:01:43 AM PST by Millee

Lawyers say it appears to be a first of its kind case in Colorado. A Denver woman is suing a 911 dispatcher for not sending police after two emergency calls for help.Le Thu Nguyen was killed in 2001 after she was kidnapped and murdered by her ex-fiance, Omar Green. A witness and Nguyen's mother called 911 during and just after the kidnapping, but the 911 dispatcher who answered both calls wouldn't send police.

The Colorado Governmental Immunity Act outlines when citizens can sue the government and when they can't. In this case, the city of Aurora is immune from a lawsuit so the city is not named as a defendant.

The rules are different for when citizens can sue government employees individually, so Nguyen's mother has filed a lawsuit against the individual dispatcher who took the calls, Jeanette Price.

Susan DuVall, Nguyen's mother, says she still can't believe that when she called to report that her daughter was being kidnapped, that Price didn't believe her.

"I knew it was serious. I needed to give her the main concern of this call, her life was in danger," DuVall said.

Price didn't send emergency help even though an eyewitness, John Chauvin, who called 911 and talked to Price minutes earlier - while the kidnapping was still in progress.

Here is part of a transcript from Chauvin's 911 call to Price: "This black guy jumps into this Asian lady's car, like she was squealing away from him, and then he parked it in the parking lot still - he's still in the car with her."

Emergency help was never sent. Nguyen's body was found the next day.

The city of Aurora is now defending Price in the lawsuit brought by DuVall on behalf of Nguyen's two surviving children. The city says Price was reprimanded for her handling of the calls, but in court papers, the city has argued that there is "no evidence" that Price's actions were "anything more than simple negligence."

9News legal analyst Scott Robinson says that wording is key, since proving negligence isn't enough to win a case against a government employee.

"It isn't enough to show that the 911 operator didn't do her job very well," Robinson said. "They have to show that she was willful and wanton, which essentially means that she completely disregarded the rights of a human being and ignored the emergency calls."

Susan DuVall's attorneys, Gregory Gold of Greenwood Village and Jeffrey Hill of Colorado Springs, argue that this case rises to that higher level. They cite Price's tone of voice and her repeated attempts to end the 911 calls after being told of the urgency of the situation.

"How much more of an emergency do you want before you send the police?" Gold asks.

Because of statutory caps - if DuVall makes it to court and wins - then most experts say she could hope to collect is $150,000 dollars per child.

If that happens, the unresolved question becomes this: Would Price have to pay it herself - or would the city pay it for her. Robinson says while the city is legally obligated to defend Price, the city is not obligated to pay a judgment if Price's conduct is found to be "willful and wanton".

Because the case is still pending, the city of Aurora said Jeanette Price would not be able to comment.

Omar Green, Nguyen's ex-fiance, was convicted of her murder.


TOPICS: News/Current Events; US: Colorado
KEYWORDS: 911; dial911anddie; donutwatch; emergency911; lawsuit
I heard the calls. The dispatcher was clearly disinterested in the calls. She sounded like the calls were disrupting her coffee break. Very sad.
1 posted on 12/05/2005 8:01:43 AM PST by Millee
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To: Millee

The dispatcher wasn't fired?


2 posted on 12/05/2005 8:04:40 AM PST by ncountylee (Dead terrorists smell like victory)
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To: Millee

And sad that the lady wasn't armed and prepared to defend herself, but instead thought she could rely on police. She can't have been unaware that her "ex-fiance" was a nutcase.


3 posted on 12/05/2005 8:05:36 AM PST by Tax-chick ("You don't HAVE to be a fat pervert to speak out about eating too much and lack of morals." ~ LG)
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To: Millee

This makes me so angry.

Why wouldn't you send someone?

Not sure what the mother intends on accomplishing

through the lawsuit though. I hope the city has

already fired her.


4 posted on 12/05/2005 8:06:17 AM PST by PaulaB
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To: Millee
I love 911,

last time i had to use it i got taped answering service

... ahh basically as always one is on her/his own in most emergency cases
5 posted on 12/05/2005 8:07:20 AM PST by Flavius (Qui desiderat pacem, praeparet bellum")
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To: Millee
"no evidence" that Price's actions were "anything more than simple negligence."

Negligence leading to death. I would go for criminal charges here, but then again, this is the police we're talking about. Lords are held to a different standard than we peasants.

6 posted on 12/05/2005 8:08:45 AM PST by coloradan (Failing to protect the liberties of your enemies establishes precedents that will reach to yourself.)
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To: Millee

I would bet that it will be dismissed because of the prior rulings that the police (i.e. the government) has no obligation to protect the individual.


7 posted on 12/05/2005 8:11:39 AM PST by Blood of Tyrants (G-d is not a Republican. But Satan is definitely a Democrat.)
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To: ncountylee

She was reprimanded. Unbelievable!


8 posted on 12/05/2005 8:12:05 AM PST by TX Bluebonnet
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To: Millee
This lady is dead. I listened to both calls. Complete negligence on the part of the operator.
9 posted on 12/05/2005 8:13:37 AM PST by Dallas59 (“You love life, while we love death"( Al-Qaeda & Democratic Party)
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To: Dallas59
How many other people has she helped kill or injure?
10 posted on 12/05/2005 8:14:54 AM PST by Dallas59 (“You love life, while we love death"( Al-Qaeda & Democratic Party)
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To: coloradan
... this is the police we're talking about.

It is? Here Dispatch is not police, but also fire and rescue.

Of course, any stick will do to beat a dog with, and folks who like to stomp on the police will do so with or without facts. But still I'd like some clarification in this particular case.

11 posted on 12/05/2005 8:14:58 AM PST by Mad Dawg (Allahu Fubar! (with apologies to Sheik Yerbouty))
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To: Mad Dawg

Dispatcher: Aurora 911 is this an emergency?

Chauvin: I believe it is...

Dispatcher: What's going on?

Chauvin: This black guy jumps into this Asian lady's car, like she was squealing away from him. And then he parked it in the parking lot still (sic). He's still in the car with her.

The operator wasn't convinced it was an emergency. After getting some details, the dispatcher asks Chauvin the following questions:

Dispatcher: Are they yelling and screaming at each other? Are they talking? Are they fighting?

Chauvin: I, I think he's just telling her what to do.

Dispatcher: OK, so they're taking off right now?

Chauvin: Yeah.

Dispatcher: Which way are they leaving?

Chauvin: They are heading out on to Hampden it looks like.

Dispatcher: OK, if they come back in the lot give us a call and let us know, OK?

That was less than 50 seconds into the call. Chauvin was baffled that the operator was trying to end the call.

"I still can't believe that she didn't believe me that it was an emergency," Chauvin said after listening to the recording for the first time in years.

Realizing the 911 dispatcher was trying to end the call, Chauvin tried to press on - tried to convince her to send police.

Here are more outtakes from his call:

Chauvin: OK, would you like the car description?

Dispatcher: Well, they're - they're really not, I mean they're not fighting, they're not yelling, they're, they're nothing.

Chauvin: He jumped through her window while she was squealing away.

Dispatcher: OK, well you think she should be fighting or something. I mean, I can have the officers check the area, but that's about - I mean she would be fighting or screaming or something if she needed help.

Later the dispatcher says this:

Dispatcher: . they may have just been playing around.

Chauvin starts to say he doesn't think so, at which point the dispatcher appears to cut him off and ends the call by telling him that she'll have someone check the area.

But according to DuVall and her attorneys, crucial minutes passed and police didn't come. Meanwhile, the car - with the man and woman inside - drove off.

A woman from the salon saw Nguyen drive off - and saw the man inside the car. She believed the man was Nguyen's ex-fiance, Omar Green.

When police didn't respond to Chauvin's emergency call - the worried friend called Le Thu's mother, Susan DuVall.

DuVall again called 911. The same 911 dispatcher, Jeanette Price, answered the call.

Here are some outtakes from DuVall's call:

DuVall: I'm calling to report that my daughter has been car-jacked by her ex-fiance in the car.

DuVall went on to tell the dispatcher about previous abuse and a restraining order. The dispatcher still didn't sound convinced it was an emergency.

Dispatcher: I talked to people there. She was not fighting. She was not screaming. She did not ask for help, nothing.

DuVall: Right, we don't know whether he has a weapon or what.

Dispatcher: Is he known to carry a weapon?

DuVall: I don't know him as to, no, I don't. I just know, you know, threatening things that he's trying to do to her.

Dispatcher: I mean, (because) a lot of times they end up making back up together - they end up making up.

DuVall: Right, well that's not this case...

Dispatcher: OK, well we don't know because we haven't talked to her


12 posted on 12/05/2005 8:16:48 AM PST by Dallas59 (“You love life, while we love death"( Al-Qaeda & Democratic Party)
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To: Millee

Cases like this are the most compelling reasons why most government-run emergency services shouldn't even exist. If the State is not responsible for the protection of its own citizens, then the State has no business implementing a 911 system in the first place.


13 posted on 12/05/2005 8:17:26 AM PST by Alberta's Child (What it all boils down to is that no one's really got it figured out just yet.)
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To: Millee

You can hear the two 911 calls here:

http://www.9news.com/acm_news.aspx?OSGNAME=KUSA&IKOBJECTID=5ea4910a-0abe-421a-0071-3fb72baad887&TEMPLATEID=0c76dce6-ac1f-02d8-0047-c589c01ca7bf


14 posted on 12/05/2005 8:19:33 AM PST by MineralMan (godless atheist)
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To: PaulaB

Since a lawsuit has been filed, she has employment at least as long as the case is pending, in order to make her keep her mouth shut.


15 posted on 12/05/2005 8:20:24 AM PST by MeanWestTexan (Many at FR would respond to Christ "Darn right, I'll cast the first stone!")
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To: Mad Dawg

Some places they are police, I don't know about this one in particular. She's government, anyway. Government agents, generally, are held to a different standard than us peasants.


16 posted on 12/05/2005 8:22:44 AM PST by coloradan (Failing to protect the liberties of your enemies establishes precedents that will reach to yourself.)
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To: Dallas59
It appears the dispatcher was working on a reverse quota system: the fewer the calls dispatched, the higher her bonus.
17 posted on 12/05/2005 8:22:53 AM PST by luvbach1 (Near the belly of the beast in San Diego)
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To: MeanWestTexan

Reminds me of the scene in "Foul Play" where Goldie Hawn says to the 911 operator, "There's a man here trying to kill me............OK, I'll hold."


18 posted on 12/05/2005 8:23:02 AM PST by Doctor Stochastic (Vegetabilisch = chaotisch ist der Charakter der Modernen. - Friedrich Schlegel)
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To: Millee

I listened to both calls as well. It was instructive. The 911 operator wasn't that interested. The first caller, a man, made a couple of mistakes.

First, he didn't insist from the beginning that it was an emergency.

Second, on being asked whether the woman was screaming or whatever, he stayed calm and said that she wasn't.

The mother, in the second call, was also too calm and simply didn't get through to this bored 911 operator.

Here's a tip, if you ever have to call 911 in a case like this:

Say, "I think I saw a gun. It was black."

Do not be calm in your call. Do not take no for an answer from the 911 operator.

Answer question in the affirmative, as in "Was she screaming?" "Yes, she was screaming her head off....hurry! The man looked like he was going to kill her!"


19 posted on 12/05/2005 8:25:48 AM PST by MineralMan (godless atheist)
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To: MeanWestTexan

Is that sick or what?

Makes me just want to scream


20 posted on 12/05/2005 8:26:11 AM PST by PaulaB (For unto you is born this day a Saviour..That's what Christmas is all about, Charlie Brown- Linus)
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To: Millee

If this is a fire press 1.
If this is a break-in press 2.
If this is a joke press 3.
If this is a terrorist incident press 4.
If this is nuclear war, don't bother.

"2"

Enter the number of intruders on your followed by the # sign.

If the intruder has a knife, press 1.
If the intruder has a gun, press 2.
If the intruder isn't armed, press 3.

"2"

For shotguns press 1.
For handguns press 2.
For hunting rifles press 3.
For assault rifles press 4.
If you cannot tell, press 0 for the help line on firearm identification.

........


21 posted on 12/05/2005 8:26:27 AM PST by Doctor Stochastic (Vegetabilisch = chaotisch ist der Charakter der Modernen. - Friedrich Schlegel)
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To: Doctor Stochastic

It will go nowhere.

Warren vs District of Columbia.

Government is not responsible for protecting you as an individual, but society as a whole.


22 posted on 12/05/2005 8:27:55 AM PST by manglor
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To: coloradan

More anti-cop garbage...

I guess we'll wait for YOU to defend everyone from criminals.


23 posted on 12/05/2005 8:29:38 AM PST by Triggerhippie (Plus ça change, plus c'est la même chose.)
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To: Triggerhippie

Cops in Denver are only too happy to call people who would defend themselves from criminals, criminals themselves. Aurora has copied many of Denver's anti-gun laws themselves, so that they can do the very same thing.


24 posted on 12/05/2005 8:36:35 AM PST by coloradan (Failing to protect the liberties of your enemies establishes precedents that will reach to yourself.)
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To: Flavius

I love our 911 system here in East Tennessee.

We were run off the road a couple weeks ago by a drunk driver. We got back on the road behind him and called 911. We were connected to the Anderson County Sheriff's department - explained where we were and which way we were going. They dispatched a vehicle and handed us off to the Oliver Springs PD. They dispatched a vehicle as well and asked us to stay on the line while they were routing the intercepts in. We did so, and within about 5 minutes, there were two OSPD cruisers and an Anderson County Sheriff's cruiser coming in behind us with lights on - just as the guy about ran another vehicle off the road. Total time from call to intercept was about 7 minutes.


25 posted on 12/05/2005 8:37:05 AM PST by Tennessee_Bob ("Those who "abjure" violence can only do so because others are committing violence on their behalf.")
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To: Dallas59

Based on this transcript, there is an important lesson if you ever call 911. Do not try to downgrade the seriousness of the call. Make it sound urgent. The dispatcher asked if they were fighting. Don't give the perpetrator the benefit of the doubt. Tell the dipatcher emphatically 'yes.' Don't be wishy-washy about it, otherwise, why are you calling 911?


26 posted on 12/05/2005 8:39:10 AM PST by doc30 (Democrats are to morals what and Etch-A-Sketch is to Art.)
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To: Doctor Stochastic
For shotguns press 1.
For handguns press 2.
For hunting rifles press 3.
For assault rifles press 4.
If you cannot tell, press 0 for the help line on firearm identification.
If you have already been shot please remain on the line for the next available operator

........

Please remain on the line and your call will be answered in the order received.

........


Thank you for holding.
All our operators are busy at this time.
Your call is important to us.
Please remain on the line and your call will be answered in the order received.

........
27 posted on 12/05/2005 8:40:53 AM PST by TalonDJ
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To: Millee
the city has argued that there is "no evidence" that Price's actions were "anything more than simple negligence."

Many get sued and lose for their negligence all the time. Not a very good argument.

28 posted on 12/05/2005 8:46:19 AM PST by md2576 (Don't be such a Shehan Hugger!)
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To: md2576

"Many get sued and lose for their negligence all the time. Not a very good argument."

Actually, it's an excellent argument for a government agency. They have "govenmental immunity," and have to been shown to be really, really, intentionally reckless to lose.


29 posted on 12/05/2005 8:50:22 AM PST by MeanWestTexan (Many at FR would respond to Christ "Darn right, I'll cast the first stone!")
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To: TalonDJ

"Gun control groups lie, women die!"


30 posted on 12/05/2005 8:54:21 AM PST by TNCMAXQ
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To: coloradan

I guess it wasn't that long ago (less than a year) that Denver PD shot and killed a guy while serving a high risk warrant.

Unfortunately, they got the address wrong. I know someone got sued for that.

They need to adopt FDLE (Florida Dept. of Law Enforcement) standards nationwide. Our academies are long, crammed w/ info, and followed by an equally rigorous exam. Then you go to whatever agency hires you for OJT.


31 posted on 12/05/2005 8:56:50 AM PST by Triggerhippie (Plus ça change, plus c'est la même chose.)
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To: Dallas59; coloradan
Well, police or not there's no question this dispatcher was a horse's behind. This is really a remarkably awful transcript.

Looking at this and recalling similar things in the passt, I get the sense that some people have a genetic predisposition to be smug, controlling SOBs and they live all the way up to their potential.

32 posted on 12/05/2005 9:00:46 AM PST by Mad Dawg (Allahu Fubar! (with apologies to Sheik Yerbouty))
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To: Millee
I have a bit of a problem with how 911 systems are handled. My father-in-law died this summer, and when my mother-in-law called 911 they spent all kinds of time trying to coach her into moving and resuscitating him. The problem is she was physically incapable of doing it and, and told the 911 operator, who still refused to send an ambulance until she was convinced that my M-I-L was telling the truth.

I could understand it if they dispatched the ambulance, and THEN tried to coach a resuscitation. But instead they argued on the phone while my father-in-law died of heart congestion. Basically he drowned.

I'd bet money that they were trying to save money by not dispatching an ambulance right off, hoping they wouldn't need to.

33 posted on 12/05/2005 9:33:59 AM PST by narby (Hillary! The Wicked Witch of the Left)
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To: Millee

The dispatcher reaction is not all that outrageous given the information the caller is giving her. Her attitude is also not that bad. I've called 911 or the non-emergency police line on many occasions and most of the time the dispatchers were far more surly than this one.


34 posted on 12/05/2005 9:17:04 PM PST by jordan8
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