R A K E L A W G R O U P, P.C.

TRIAL LAWYERS

Buddy Rake, Jr.

STATE BAR CERTIFIED SPECIALIST
PERSONAL INJURY & WRONGFUL DEATH
ALSO ADMITTED IN TEXAS

BUDDY RAKE
Attorney at Law
brake@aztriallaw.com
Reply to Phoenix Office

February 6, 2015
City Clerk
CITY OF PHOENIX
Phoenix City Hall
200 West Washington Street
Phoenix, Arizona 85003
Sergeant Percy Dupra, #6062
PHOENIX POLICE DEPARTMENT
6180 West Encanto Blvd.
Phoenix, Arizona 85035

My Client:
Date of Incident:
Place of Incident:

Frances Garrett
August 14, 2014
3810 North Maryvale Parkway, #2072, Phoenix, AZ 85035

NOTICE OF CLAIM PURSUANT TO A.R.S. 12-821.01

Dear City Clerk and Sergeant Dupra:
We have been retained to represent Frances Garrett (Fran) with respect to her
wrongful death claim. Her claim arises out of the wrongful death of her daughter
Michelle Cusseaux (Michelle) by Phoenix Police Sergeant Percy Dupra, #6062. In
violation of the Phoenix Police Departments own policies and procedures and/or due to
woeful shortcomings in their training, Sergeant Dupra shot Michelle resulting in her
death. This incident occurred on August 14, 2014 at her residence located in Phoenix,
Arizona at the address above.
The City of Phoenix is a governmental entity. At the time of events relevant
herein, Sergeant Percy Dupra, #6062 was acting within the course and scope of his
employment with this governmental entity. This notice of claim is being served pursuant
to A.R.S. 12-821.01.
PHOENIX OFFICE
2701 EAST CAMELBACK ROAD SUITE 160
PHOENIX, AZ 85016-4326
TEL 602-264-9081 FAX 602-265-2628
WWW.AZTRIALLAW.COM

DALLAS OFFICE
14643 DALLAS PARKWAY SUITE 550
DALLAS, TX 75254-8885
WWW.AZTRIALLAW.COM

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Notice of Claim
February 6, 2015
Page 2

Our intent is to provide you with information regarding the following: (1) the
known facts that support liability or fault for the wrongful death of our clients daughter;
(2) information regarding the nature and extent of our clients damages as of the date of
this notice of claim; and (3) a specific sum for which this claim can be settled. With the
information provided, you can evaluate the negligence and other culpability rendering
you liable for our clients damages. If you believe that this notice fails to comply in any
way with A.R.S. 12-821.01, then please notify us immediately so that we can address
your concerns timely.
Accompanying this notice of claim are the exhibits that we have accumulated to
date. As we obtain additional documentation, we will forward those supplemental
materials under separate cover.
FACTUAL BACKGROUND
On Thursday, August 14, 2014, at approximately 10:45 a.m. Michelle Cusseaux
called the Southwest Network (SWN) facility, where she had been a patient on many
previous occasions, and made statements to Office Manager Jamey Helms that were
perceived as threatening. Michelle suffered from schizophrenia, cocaine abuse,
prolonged Post Traumatic Stress Disorder and unspecified personality disorders. Helms
called 9-1-1 and lodged a report (PPD DR#1408140127) with Phoenix Police Department
Officer Paul Rutherford, #6403. Because Michelle refused to commit to safety (a
phrase employed by SWN staff), an application for an involuntary evaluation was
completed by SWN staff. Phoenix Police Department was notified of the emergency
order for Michelle Cusseaux to be picked up and transported to a mental health facility
for a mental health evaluation.
According to the DPS Investigative Report, a copy of which is attached as Exhibit
1, the first officers arrived at Michelles residence at approximately 2:34 p.m. The
officers were Phoenix Police Officers Jennifer Slivka, #8184, Federico Perches, #7782,
and Elizabeth Anderson, #9297. They identified Michelle Cusseaux using a Motor
Vehicle Department (MVD) drivers license photograph. Michelle refused to unlock the
exterior security door. At approximately 2:52 p.m., Sergeant Percy Dupra, #6062 arrived
on scene. Michelle shut the front interior door. Sergeant Dupra decided to have Officer
Anderson pick the security door. Officer Anderson picked the exterior security door and
unlocked it. Officer Perches opened the exterior security door with his service weapon in
his right hand at the low ready position, and the interior door was opened by Michelle.

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Notice of Claim
February 6, 2015
Page 3

Michelle was standing in the doorway of her home with a hammer in her right
hand above her head. Officer Perches and Sergeant Dupra ordered Michelle to drop the
hammer. Michelle did not follow their commands and took two steps forward and was
immediately shot in the chest by Sergeant Dupra. The shooting occurred at
approximately 2:58 p.m.
Immediately after Michelle was shot in the chest, she fell backwards to the floor.
The hammer was moved away from her body and, after the residence was cleared of any
other individuals, medical treatment was provided to Michelle until Phoenix Fire
Department arrived and took over providing medical treatment. She was transported to
St. Josephs Hospital and Medical Center by Phoenix Fire Department at approximately
3:16 p.m. where she was pronounced dead by Dr. James Russell at approximately 3:34
p.m.
Sergeant Dupra claimed he began fearing for the safety of officer Perches and for
his own. He thought Cusseaux could possibly strike him in the head with the hammer,
knocking him unconscious or killing him, which would then allow her to take his gun, so
he fired one shot from his duty weapon. At the time Sergeant Dupra shot Michelle,
Officer Perches was already armed with his service weapon in hand and was not
vulnerable to Michelle. In addition, there was several other officers on-scene. Not only
were Officers Jennifer Slivka, #8184, Federico Perches, #7782, and Elizabeth Anderson,
#9297 on scene with Sergeant Dupra, but so were Sergeant Janina Austin, #6618 and
Officer Ben Carver, #7825.
Sergeant Dupras statement that Michelle could strike Officer Dupra with the
hammer, obtain his service weapon, and shoot Officer Perches with Sergeant Dupras
service weapon while Officer Perches was holding his own weapon and two other police
officers were present, is evidence of extremely poor training or fabrication.
Sergeant Dupra had, at his command, multiple options approved by the City of
Phoenix Police Department when dealing with the mentally ill. He either had not
received the appropriate training or he chose to ignore the training he had received. The
mentally ill are among the most vulnerable of all citizens. The Phoenix Police
Department is charged with their protection not their execution.
CLAIMS
The foregoing sets forth those facts of which we are aware at this time without the
benefit of the litigation discovery and disclosure process.

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Notice of Claim
February 6, 2015
Page 4

These facts to date demonstrate the present applicability of various claims against
the City of Phoenix and Phoenix Police Department Sergeant Percy Dupra, #6062. These
claims include but are not limited to:
(1)
(2)
(3)
(4)
(5)

(6)

(7)
(8)

Assault & Battery;

Negligence;
Intentional or Reckless Infliction of Emotional Distress;
The City of Phoenixs vicarious liability for the actions or omissions of
Phoenix Police Department Sergeant Percy Dupra, #6062;
Claims arising under 42 U.S.C. 1983 and 1985 due to the violation of
Michelle Cusseauxs 4th and 14th Amendment rights including the use of
excessive and unreasonable force, and inadequate training of the Sergeant or
other adopted municipality custom demonstrating a deliberate indifference to
the Constitutional rights of its citizenry;
Claims arising under the Americans with Disabilities Act (ADA). The
failure to properly train police officers for encounters with the mentally ill or
disabled is a violation of the ADA; and
Wrongful Death; and
Attorneys fees pursuant to 42 U.S.C. 1988.

The Phoenix Police Department has training for their officers regarding its citizens
suffering from mental illness. Sergeant Dupra did not even have to use his skills to
identify that Michelle was suffering from mental illness, because he was aware that the
Phoenix Police Department was serving a mental health emergency order on Michelle for
transportation and treatment. See CD-Rom video entitled Mental Illness: How to
Recognize Mental Illness included herewith as Exhibit 2 which contains a training video
for Phoenix Police Department officers.
Phoenix Police Department Officer Chris Gitsch presents the material in the video
with Joe Prawdzik, President of Crisis Intervention Training Consultants, who has over
15 years of experience in the mental health field and is also a former Phoenix Police
Officer. The two, through questions and answers, educate officers regarding how to
identify people with mental illness, how best to interact with them, and what resources
are available to officers to help them in dealing with the mentally ill or persons in crisis.

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Notice of Claim
February 6, 2015
Page 5

According to the video, there are approximately 70,000 individuals within

Maricopa County receiving services for mental illness and approximately 70% of adults
with serious mental illness also have a substance abuse problem and present as someone
who is drunk or high on drugs. Many times these individuals may be experiencing a
crisis and therefore become fearful, paranoid, demonstrate bizarre inappropriate
behaviors, or dont process instructions. Furthermore, individuals over the age of 30
likely have had numerous contacts with police and sometimes those contacts are not
pleasant so they may be fearful of officers, especially in their overbearing presence in a
uniform.
Officer Chris Gitsch and Joe Prawdzik discuss techniques to help officers deal
with people with mental illness. They advise that traditional command and control
techniques might be counterproductive when dealing with someone with mental illness.
Instead, they recommend focusing on communication and de-escalation. They suggest
slowing things down as much as possible; give slow, single commands or requests of the
individual. The person may be very excited, paranoid and/or fearful of officers. Because
they likely would have had other contacts with police, the past history of those
encounters may be unknown to responding officers and the impact those prior contacts
might have on the current contact with the individual.
Officers set the tone of the encounter and the first minutes of the encounter are
critical. If they are dealing with someone excited then they are instructed to become even
calmer. If officers come in with command and control techniques, they will not be
successful. To keep these individuals calm, officers need to be calm. They should come
across as unofficial as possible since their uniforms already make them appear official. It
is suggested that they allow these individuals more response time to filter and process
questions and space, especially if they pace because pacing expands energy and they will
burn more energy and become easier to control if necessary. They will feel less trapped
and feel more secure allowing their emotion level to come down, which will enable the
officer to maintain control the situation.
Officer Chris Gitsch and Joe Prawdzik reminded officers of the resources
available to them to help in dealing with the mentally ill or persons in crisis. All officers
are familiar with the Maricopa Crisis Line. They can call this crisis line for information
and can even request a mobile team that consists of two behavioral health
paraprofessionals to come out to address an individual suffering from mental illness or a
crisis.

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Notice of Claim
February 6, 2015
Page 6

Sergeant Dupra came on scene and escalated the situation. He further threatened
Michelle, who was in a state of crisis and suffering from fear and paranoia, by instructing
Officer Anderson to pick the exterior locked door of Michelles residence and entered the
home in Michelles fragile state. Sergeant Dupra made traditional commands of
Michelle, who may have appeared as though she was willfully failing to comply but in
essence she failed to possess the cognitive ability to respond, and he failed to provide
adequate response time for her to respond. Sergeant Dupra used lethal deadly force on
Michelle when he could have easily receded. He could have taken the necessary time to
communicate with Michelle in order to build trust and alleviate her fears.
Again, Sergeant Dupra had the benefit of knowing at the time he responded to the
call that officers were serving a mental health emergency order on Michelle for
transportation and treatment. He knew or should have known the procedures for dealing
with the mentally ill. Instead of de-escalating the situation and safely bringing Michelle
in for evaluation and treatment in accordance with the order, he shot her in her home and
killed her.
Sergeant Dupra deployed objectively unreasonable deadly physical force on an
individual whom he knew was laboring under a serious mental illness and who was not
guilty or suspected of any crime. Less than lethal force would have been wholly
adequate to contain the situation, yet Sergeant Dupra elected to use the most severe,
intrusive force possible, and shot Michelle dead. Moreover, Sergeant Dupra could not
have reasonably believed that Michelle was using or might imminently use deadly
physical force against him or others; or, in any event, that deadly physical force was
necessary to defend himself or third-parties in this regard.
DAMAGES
Frances (Fran) Garrett, a/k/a Mama Frances, was born on May 20, 1943 to
Eddie Garrett and Viola Garrett in Knoxville, Tennessee. Her father was in the military,
and ended up stationed in Oakland, California, where Fran grew up. Fran attended
Castlemont Community College and later California State - Hayward where she obtained
degrees including in Sociology. After college, she worked mostly in social services,
mainly on behalf of underprivileged children.
Fran had three children by the age of twenty Alisa (DOB 8/20/61), David
Edward (DOB 8/3/62), and Michelle (DOB 8/17/63). Exhibit 3 (various childhood

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Notice of Claim
February 6, 2015
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photographs).1 She was divorced from their father, David Cusseaux, Sr. (d. 2005), by
around 1970 and thereafter largely had to care for the children on her own. It was always
a tremendous struggle trying to make ends meet, simultaneously going to school and
providing for her familys needs. In fact, due to sheer financial necessity, she was back
working on the factory assembly line a mere three months after Michelle was born. She
recalls in these trying times just trying to find a place to stay and moving from place to
place, usually Oakland turnkey apartments more akin to projects.
In midst of these struggles, Fran in the 1960s began what would effectively be
lifelong occupation as a community activist. She started breakfast programs for children
in the Oakland area, bringing meals to schools to ensure the children were fed, and
commenced her enduring advocacy of freedom of speech. Looking back today at this
time, she remembers advocating one cause after another.
Even as a young child, Michelle was always a mamas girl, and often said she
was never going to leave Fran. She clung to Fran constantly and Fran returned this love
and need in kind, as she would until Michelles untimely death. At about 6 months old,
Michelle finally grew hair and Fran insisted on putting a bow on top of Michelles head.
Frans close friend, Toni Linyard, thought the bow was rather stupid looking and made
Michelle look a little like the cartoon character Little Lulu. This earned Michelle the
nickname Lulu.
Michelles childhood and young adulthood was unbearably traumatic for her.
Other children called her hurtful names, and questioned her sexuality. She was raped
twice. Throughout all of this, Michelle not only had her mother as her saving grace, she
had her older brother Edward. Michelle, who was a tom boy, followed him
everywhere. Although Edward, who wanted to hang out with friends, would send her
home at times, he was also always there and a source of reprieve and stability for
Michelle.
Weary of the difficulty and perils of living in Oakland, Fran moved to Prescott,
Arizona in about 1980 where she purchased a home and opened a P.O. Box rental
business. A few years later, she moved to the Phoenix area where she did whatever kind
of work was available and which would help keep a roof over their heads. In 1984,
everything changed for Fran and Michelle. Frans son and Michelles brother, Edward,
was killed in a drive-by shooting in Oakland. Michelle took Edwards death extremely
hard, and this proved to be an unrecoverable loss for her. Fran went through hell and she

FranlostmostofMichellesandherotherchildrenschildhoodphotographsina1991housefire.

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Notice of Claim
February 6, 2015
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knows Michelle did too. Further traumatizing Michelle, the killers mother at trial spat
upon Fran and boasted that at least she could still see her son.
Fran found a way to attempt to cope with or at least distract herself from her grief
by recommitting herself to the Oakland community. She assisted with formation of a
local police task force on investigation and prevention of crimes similar to that which had
taken her son from her. Michelle, however, could not find a way to cope. Her whole
attitude changed for the worse and the mental health issues which would plague her the
rest of her days began to acutely manifest themselves.
It would be some two decades later before she and her family first learned of
Michelles clinical, serious mental health issues. In the 2006 to 2007 time period,
Michelle was diagnosed with afflictions including bipolar disorder, schizophrenia, and
major depression. Not long thereafter she was declared mentally disabled by Social
Security.
For the remainder of her adult life, Michelle did everything in her power to
support herself and make and find her way in the world. She always worked hard and
pretty much always supported herself. She drove a cab, worked as a janitor, and at other
odd jobs. But at some point, she just couldnt get back on top. She lived in Native
American housing at one point. She became homeless. She was in and out of hospitals.
Michelle spent the last 15 years of her life in the Phoenix area, living with Fran and
elsewhere. Fran helped make arrangements for Michelle to purchase, with the help of a
local organization, the condominium at which she was eventually killed.
As it turned out, the best way for Michelle to cope with her struggles and her best
fit in the world was to be of service to others. According to her cousin Tanya Ngalula,
[a]s a little girl Michelle only wanted to be loved and now she had grown to a point of
her life where she knew how to sacrificially give to others. For example, after her
serious mental illness diagnosis, Michelle began behavioral health studies, eventually
worked as a Recovery Coach in the field, and devoted herself to helping other hurting
people. Exhibit 4 (Recovery Innovations documents including letter from Dr. Maja
Everson). She was honored as Student of the Week and completed nearly 80 hours of
training. She became involved in Christian ministry. She had just started to feel good
about herself in 2013 and 2014.
Throughout her days, whatever trial or tribulation through which she might be
going, Michelle was always attentive to and there for Fran trying to help her. She was
always involved in everything which Fran did. Family friend MiAsia Pasha remembers
that Michelle was always around her mom helping out and making everyone laugh.

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Notice of Claim
February 6, 2015
Page 9

Michelle and Fran regularly traveled together to locations including Cozumel, Las
Vegas, and Jamaica. Exhibit 5 (Fran & Michelle photographs) & Exhibit 6 (Michelle
memorial materials, pp. 20 & 27-28). Michelle regularly joined Fran in community
activities. The bond between her and Fran was not only as mother and daughter but as
best friends. There was a different and special bond between them because Michelle had
remained Frans baby. Michelle often stated to Fran, Wherever you go, Im going
too. Whatever difficulties Michelle may have been going through, her family was
always happy to see her and enjoyed her company.
For her part, Fran loved Michelle through thick and thin. Fran tried to help
Michelle in every way she knew how and, understanding that her knowledge on the topic
of mental illness was limited, embarked upon a multi-year effort to educate herself. Fran
took an 80 hour course at Recovery Innovations, and, at the time of Michelles passing,
was continuing her pursuit of a degree from South Mountain Community College in the
behavioral health field, making the honor roll.
As evidenced below, Michelles friends further confirm her commitment to the
welfare of Fran and others.
According to Shavon Lamb, who was a close friend of Michelles for 22 years,
Michelle was very generous and would do anything for anyone if it was within her
means. If she couldnt, she would try to find other means to help to ensure that
you were okay.
Amelia Finley, a dear friend of Michelles for many years, states that among the
things that stand out most in her memories of Michelle is her deep love and the
many times she was there for Amelia when she was going through a difficult time.
Amelia further recalls Michelle as a sweet, caring, kind and special person, with a
heart that was one of deep and sincere compassion for all people. For all the
people whom she cared about, Michelle would go out of her way to bring them
joy.
Virgie Lindsey, a best friend to Michelle for over 20 years, states that Michelle
loved Mama Frances and that there was nothing that she would not do for her
mother. Virgie described Michelle as a loving, kind person who was always so
benevolent especially with her time. Michelle would always take time to go with
Virgie to visit her grandmother after she was placed in a convalescent home, and
would stop and buy her grandmother a little flower, or one of her favorite drinks.
Michelle would pick up Virgie, and then spend hours visiting Virgies
grandmother. Michelle never passed judgment on others, and didn't have anything

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Notice of Claim
February 6, 2015
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harsh to say about anyone. Virgie further described Michelle as one of the
sweetest, loving, kind, persons that she will ever in her lifetime have a chance to
meet.
According to Gwendlyn Lamb, who calls herself Michelles next best friend after
Fran and who knew Michelle for 28 years, Michelle was very caring and
empathetic. Michelle was very generous and would take the shirt off of her back
and give it to someone in need, and often give money to others out of her own
pocket. She went out of her way to make people as comfortable as possible, and
was committed and loyal to her family and to those close to her. Michelle had the
biggest heart!
Kimberly Botello, a friend of Michelles who had been planning a trip to Jamaica
for Botello's 40th birthday, proclaims that Michelle "had a very beautiful heart.
Michelles uncle, Malik Washeed, remembers with a smile and a sad heart, that
Michelle would often have his back and step up for him even when he was
pretty certain he had the situation well-handled.
Some of the same friends as well as family members shed further light on who
Michelle, also known as Cuddie and Chelly Baby, was as a person. She was the life
of the party, a joker and someone who was full of light. Michelle loved being the
center of attention. She absolutely loved water and was always smiling. Her favorite
musicians were James Brown and the Isley Brothers. See Exhibit 7 (Michelle travel
photographs) & Exhibit 8 (photographs of an adult Michelle).
According to her uncle, Malik Waheed, Michelle was bubbly and always testing
the limits. If you wanted something done, just tell her that she couldnt do it. She
was bright as she could be. That brightness always showed in her eyes. There
was always a sparkle in Michelle's eye that just smiled. You just know that God
was looking from behind those eyes. She was a beautiful person, who was
extremely loyal to her family and friends.
Shavon Lamb recalls Michelle as a very happy and lively person who loved to
laugh and was full of energy and loved living life to its fullest. You never had a
dull moment around her. Michelles loss is definitely a loss to us all. The world is
changing and there are just not that many happy go lucky Michelles out there
anymore; and if there were, the world would definitely be a better place.

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Amelia Finley laments that she could write for years and still not tell all the
wonderful times she shared with Michelle and her comical personality. She finds
herself smiling because even when the going was rough, Michelle always had a
great spirit and happiness about herself. She would find the good in any situation.
A beautiful soul was taken from us way too early. Amelia cannot tell you enough
how special Michelle was and how much she touched her life in a positive,
everlasting manner. She was not only her friend, but like a sister to Amelia. She
misses Michelle so much already and will never forget the positive and profound
impact she had on her life.
According to Virgie Lindsey, Michelle loved laughing and making you laugh. She
was like a second mother to Virgies children. Michelle was so loving that she
grew attached to Virgies entire family, and they grew attached to her, loving her
as one of their very own flesh and blood. Michelle loved traveling so they took
trips together at various times. She was Virgies traveling buddy just as she was
her moms. Michelle may be gone, but Michelle will never, ever be forgotten.
Virgie can truly say that she will miss her with each passing day, and she can just
hear her say Cuddy, its going to be alright. It was like they were blood cousins.
They shared so much in common. She will remain sorely missed.
Gwendlyn Lamb, remembers Michelle as considerably intelligent, bright, and
quick at learning and understanding. Michelle had a great sense of humor and was
always laughing and joking around. She enjoyed lifeshe was the life of the
party! She was very friendly; she didnt have any enemies. She would do
anything for her nieces and nephews, showering them with gifts, especially for
their birthdays. She never forgot their birthdays.
She was an all-around great
person. Michelle and Gwendlyn did quite a bit of shopping, something which
Michelle loved to do. She loved to dress and looked good and she looked good
in her clothes! Gwendlyns heart is heavily burdened knowing that Michelle was
not given or will ever have the opportunity to live out a fulfilled life.
According to MiAsia Pasha, who knew Michelle for over 10 years, Michelle was a
joy to be around. She could be funny, but also insightful and caring. She loved her
family and friends. You could not find anyone who knew her and did not
immediately like her. She was my friend but she always called me Auntie. I
miss her much but I know that she is with God; telling him a joke and making him
smile as she did for us.

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Fran emphasizes that Michelles light-hearted and joking nature did not signify
that she was just a goofball who was unmindful of the serious situations with which she
was contending. Rather, it was Michelles way of dealing with her oftentimes, dire life
circumstances.
On August 13, 2014, the day before Michelle was killed, Fran and Michelle talked
at length about Edwards death. The reason for this was that Edwards murderer, who to
date has still not expressed any remorse, was scheduled for a parole hearing the following
day. That day Michelle and Fran, after a 30-year nightmarish journey, came to the point
where they were ready to let go of their anger over Edwards murder.
On the August 14, 2014, Fran was in Northern California for the parole hearing.
The phone rang and woke her up that morning. It was a call from Southwest Behavioral
Health Services, asking her if Michelle had a gun. Fran responded that Michelle did not
have a gun nor had she ever owned one. After another phone call with Southwest
Behavioral Health Services, Fran understood that everything was okay with Michelle.
Michelle and Fran phoned each other back and forth later that morning laughing about
their favorite reality shows. The last phone call came from Michelle at about 1:00 p.m.,
but Fran missed the call.
About an hour later, Fran received a call informing her that Michelle had been
shot by police and that, just prior to the shooting, Michelle was asking the police to go
away and informing them that she was alright. At this point, Fran had no idea how
serious the gunshot wound was or if Michelle was alive or not. After what seemed like a
lifetime, Fran received another call learning that an ambulance had arrived, emergency
personnel were bringing Michelle down the stairs, and that Michelle was bleeding from
her chest and appeared to be dead. Fran learned at approximately 4:00 p.m., while she
was at the airport seeking to return to Phoenix, that Michelle had died.
From the first notification that Michelle was shot through the time she received the
unbearable news that police had killed her baby, Fran recalls a lifetime of agony, hurt,
and hopelessness in trying to obtain information on Michelle, all the while not knowing if
she was alive or not, where they had taken her, and frantically trying to get back to
Phoenix. When finally learning of Michelles death, she went into shock, became numb,
was shaking mentally and physically, and laboring under a state of mind she would not
wish upon her worst enemy. The day of August 14, 2014 was the most horrific and
traumatic day of her life, and she has been afflicted with many a trying time. A few days
later, Fran collapsed and was hospitalized.

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Fran is putting on a good face as best she is able and trying to distract herself as
much as possible by keeping very busy and, as she did in response to the similarly violent
death of her oldest son, devoting herself to causes connected with manner of her childs
death. For example, Fran has formed The Mental Health Awareness Coalition: Michelle
Cusseaux Scholarship. Exhibit 6, pp. 39-40. However, she is unable to keep her grief at
bay for long. Kamase Rasheed, Frans niece, has often observed Fran as seemingly fine
one moment, but the next moment bursting into tears.
This past New Years Eve, Frans brother Malik attended a get-together at Frans
house. Fran pulled out her photo albums and spent a good portion of that evening
looking at pictures of Michelle. Malik left to go home in the early morning hours, but
when he arrived at his car he realized that he had forgotten to give Fran a package. He
retrieved the package and headed back to the house. As he approached the front glass
door, through the glass he could see Fran sobbing.
Recalling Michelle now and still trying to accept and comprehend her loss, Fran
states my road dog is gone and that you cant really do too much by yourself. She
now has to do things she never thought about having to do such as cleaning her house.
She did not realize until how much she depended on Michelle. Her home is a shrine to
Michelles memory. Exhibit 9 (photographs of interior of Frans home).
Just this past January 29th, Fran wrote a letter to Michelle, which read:
Good Morning My Sunshine,
Today is like so many of the others that I have had to experience since the
very day you left this earth physically. I wake up feeling the hurt, pain,
loneliness and despair of you not being in my presence, and most of all I
miss our morning talks, and us recapping the previous nights Love and Hip
hop, housewifes reality shows, and of course your Cory on the channel 10
morning news. Michelle I cant find the words to describe the pain I feel
knowing that your life was cut short by people who were supposed to be
helping us
Each and every day I awake Im still feeling like all that has happened to
me these last few months is a dream and I will soon awake and find that
this is all a nightmare, and that my daughter who shared precious memories
with me, along with taking care of me in addition to seeing that I was
comfortable, always seeing about my well being, mentally and physically.

R A K E L A W G R O U P, P.C.
TRIAL LAWYERS

Notice of Claim
February 6, 2015
Page 14

In looking back on life, my children gave me a purpose to live for, in doing

and being, in addition to being successful in whatever life had in store for
me somehow, today after realizing that I have lost two of my three
children to violent deaths, I sometime feel as if I cant go any further, I feel
alone and ask myself why me God
Michelle, I cry myself to sleep each night, I miss you so, I know you are
not in the ground, because I continue to feel your presence with me in the
house. I realize I cant see you or touch you yet I feel your presence all the
time watching out for me and protecting me as you have always done. At
times when we didnt have all of the essentials to move on with lifes
everyday needs, you became my provider, making life easier and for us
to survive, along with others who depended on me. You were my Rock and
still are, you will forever be here for me to lean on, for I realize I have to
stay strong for you you will continue, and always be the wind beneath
my wings.
Michelle, I can still hear your laughter, see the twinkle in your eyes. I look
back on life and continue to have reflections on how you always
encouraged others to move forward, and remember its not how many times
you fall down, its about how many times you get up. You practiced my
teaching and shared it with so many others, as a child and until you last day
here on earth.
Michelle, I am so glad you had the chance to make peace and find God in
your life, and share you spiritual knowledge and beliefs with others (Baby
Girl you came a long ways) [of] the way you started to read and
understand the Bible, and at times to recite the scriptures, and verses that
related to certain life situations (girl you knew the bible like the back of
your hand). I still have reflections on walking into your home the day after
the incident and everything was in disarray, all except your Bible and daily
word sitting on a small table in the corner of your living room.
CONCLUSION
The mentally ill are the most vulnerable of adults. They receive poor or nonexistent treatment and therefore they self-medicate, and they are often the victims of
assaults. The police, when encountering the mentally ill, are charged as a part of their
police duty to protect them. Instead, of protecting them, they often shoot them.

R A K E L A W G R O U P, P.C.

TRIAL LAWYERS

Notice of Claim
February 6, 2015
Page 15

One-half of all police shootings involve individuals with mental illness. The
following are just a few examples:
In Saginaw, Mich., six police officers gun down a homeless, schizophrenic
man in a vacant parking lot when he refuses to drop a small folding knife.
We are enclosing a CD-Rom containing the YouTube video of the encounter
described above as Exhibit 10.
In Seattle, WA, a police officer fatally shoots a mentally ill, chronic
alcoholic as he crosses the street, carving a piece of wood with a pocket
knife.
In Portland, OR, police check on a man threatening suicide and wind up
killing him with a single gunshot in the back.
In Houston, TX, police shot and killed a wheelchair-bound double-amputee
diagnosed with severe mental health problems when officers saw him wave
a shiny object (which turned out to be a pen) in the air.
In North Carolina, police were called by a family who needed help with
their schizophrenic son and the 90-pound 18-year-old was killed.
In Lodi, CA, police were called by a woman who said her brothera
veteran with PTSDwas going crazy and less than twenty minutes later
her brother was dead.
In Albuquerque, NM, police officers fatally shot a mentally ill homeless
man they were trying to prevent from camping in the foothills.
In Boca Raton, FL, a 28-year-old man with schizophrenia and bipolar
disorder is fatally shot by police officers outside his mothers apartment
building because he charged a deputy with a screwdriver.
In Palm Beach, FL, a 31-year-old was shot in the head after struggling with
an officer who mistakes him for a burglary suspect.
In Santa Clara, CA, a 53-year-old woman calls 9-1-1 to report she is
suicidal and police opened fire on her when she answered the door holding
a baseball bat; killing her.
In Milwaukee, WI, police fatally shot a 31-year-old schizophrenic who was
laying face-down in a park when police arrived.
In Norfolk, VA, a family calls 9-1-1 for help with their 35-year-old
schizophrenic relative and the police kill him.
In Dallas, TX, a mother calls the police to help take her 39-year-old
schizophrenic son to the hospital and they kill him.