TOPEKA — Attorneys for two men who were shot by an off-duty Topeka police officer said they plan to sue the city for negligence and conspiracy and seek damages of up to $47 million.
Attorneys recently filed claims notifying the city of their intent to sue over the March 18, 2008, shooting of brothers Daniel and Devin Llamas by officer Jason Judd.
The claims were filed on behalf of Daniel Llamas and Angel Rivera, and Devin Llamas and Rachel Martin. Attorney Pedro Irigonegaray declined last week to specify the women's relationships with the men.
The claims seek monetary damages of $25 million for Daniel Llamas, $9.3 million for Devin Llamas, $7.5 million for Rivera and $5.5 million for Martin.
City spokesman David Bevens said the city attorney's office was reviewing the claims. The city has 120 days to decide how to respond to the claims.
Irigonegaray said that a lawsuit against the city would be filed on or before March 18.
Investigators said that the night of the shootings, four off-duty officers had been drinking before returning to one of the officer's homes. The Llamas brothers had also been drinking before the officers came to their home to complain about a loud party.
The brothers were shot and wounded and attorneys claimed they suffered serious injuries, including organ damage. Both have recovered. The officers said the brothers were armed.
Two counts of aggravated battery against Judd were dismissed last year at the request of special prosecutor Cindi Carle. Police Chief Ron Miller said Judd and the three other officers would remain Topeka police officers.
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