The family of a man from Derry who allege that he was killed by a policeman have filed a $20 million damages lawsuit against New York City and its police department.
Relatives of the late Mr Heslin Phelan have filed a civil suit in New York for the wrongful death of Mr Phelan at the hands of a police officer. The suit claims Mr Phelan was "without provocation and justification, shot and killed" by Officer Richard Molloy.
On January 21st, 1996, the night of the shooting, Mr Molloy (32) and Mr Phelan (39) were in the Oak Bar in the Bainbridge area of the Bronx, when the bartender asked the off-duty officer to take her friend, Mr Phelan, back to her nearby apartment because he appeared intoxicated.
Once inside the apartment, Mr Molloy claims, Mr Phelan committed suicide by grabbing his (Mr Molloy's) gun and shooting himself through the left eye. After the shooting, Mr Molloy reported a suicide. Mr Molloy was later charged with second-degree murder and manslaughter. However, a judge dismissed the case because of lack of evidence. The case is now being reviewed by the New York State Court of Appeals, which has the power to overturn the judge's decision.
Mr Phelan, a house painter, spent almost 10 years in the Maze Prison in the 1970s and 1980s for his involvement with the INLA. He emigrated to New York eight years ago.