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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 117401
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I had a son that was shot and killed in Alaska by a prison

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I had a son that was shot and killed in Alaska by a prison guard that was visiting the area for the summer. My son lived far in the woods but was teased by two young men. My son had mental problems but managed to have his own quiet place in life with his two dogs. This prison guard was going fishing near where my son lived and by being teased his dogs started barking and I am sure he thought it was the ones that were teasing him. He shot in the air to frighten them away not knowing it was the prison guard. It made the guard furious and he went to the Bar called the troopers to come and they told him to wait til the next day. The Guard told everyone he would take care of it tomorrow. The Guard and the Trooper plus two others from the village when to where my son lived. The police report said they tried to talk to him for 2 hours and with his mental problem they didn't get anywhere. He had a rifle and it was on safety but after they tried to Stun him with a Stun Gun it made him mad and he was trying to take the safty off. and that is when they shot my son many times. I believe they could have resolved this in some other way. I had my other son go to the Village and the two men from the Village said they should not of shot him. I have the police report but I can't read all of it. This has been 6 years and I tried to contact a Attorney but they quoted me 150,000.00 and with Alaska being very conservative they dont think I would even have a chance to win the case. My question is it possible to have a Public Defender assigned to a Dead Man? An is it to late. I think Murder its never to late. Hope to hear back. My name isXXXXX and my email address [email protected]
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 6 years ago.
Unfortunately, after 6 years, the statute of limitations you have a big problem because any civil suit has now been barred. The statute of limitations in Alaska is 2 years from the date of the incident and for a civil rights violation it is 6 years from the date of the incident. What has to be examined by a civil rights attorney is whether the actions of the officers were reasonable given the circumstances they were presented with at the time and these cases are not easy. However, any credible civil rights attorney would not be seeking $150,000 from you up front to review the case in order to determine if you have a claim and you need to look to the same sites used by other attorneys to find a local civil rights attorney to assist you as soon as possible, or

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Customer: replied 6 years ago.
Since he had mental Problems and was seeing a doctor in Fairbanks, would that be under the Civil Right Clause?
Customer: replied 6 years ago.
Since my son had mental problems and was seeing a doctor, would he be under The Civil Rights clause
Expert:  Law Educator, Esq. replied 6 years ago.
Whether or not it would be a civil rights violation depends on what the person who shot him knew at the time of the incident and the specific facts of the incident.
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