Family of slain student files suit against Ball State

The family of a Ball State student shot and killed by a University police officer has filed a $100 million lawsuit in federal court.\nJunior Michael S. McKinney, 21, of Bedford, Ind., was shot four times after lunging towards Ball State Police Officer Robert Duplain 24, in the early morning hours of Nov. 8, 2003.\nOfficers were called to the scene after a resident of an off-campus house called police complaining that the intoxicated McKinney was banging on the back door and windows and that a burglary was in progress, according to a Nov. 10, 2003 IDS story.\nA Delaware County grand jury decided not to indict Duplain Jan. 5.\n"Someone killed my son and has to be held accountable for that," said Tim McKinney, Michael's father. "The criminal system didn't bring us that accountability, so this is the only option we have left."\nThe lawsuit names Duplain as the defendant, but as his employer, Ball State would be responsible for any judgment. Indiana law does not allow a public entity to be sued for more than $300,000, but there is no such limit in federal court where the suit was filed.\nWhile the suit does not specify an amount, it complies with federal court rules that require damages of at least $75,000.\nMcKinney said his lawyer, Michigan attorney Geoffrey Fieger, decided on the $100 million amount. Fieger has previously represented controversial assistant suicide doctor Jack Kevorkian.\n"(Fieger) has more experience with police shooting and death cases than anyone else we could find," Tim McKinney said.\nBall State continues to defend Duplain, claiming he was adequately trained at the time of the incident and did not violate any laws.\n"Our attorneys have reviewed the complaint and believe that the defendant will prevail," said Ball State Executive Director of Communications, Heather Shupp. "In the months since the incident it has been investigated and reviewed several times, and each time there has been the same conclusion -- Officer Duplain did not violate state law or university police department policy."\nHowever, in the case of a large judgment, Ball State could be in trouble.\nThe school has two liability insurance policies. A primary policy will cover the university for up to $1 million in the case of a single incident, and an excess liability policy will pay an additional $15 million Shupp said.\nShupp also said she did not think there would be an award in excess of the university's coverage, especially since the lawsuit did not specify an amount.\n-- Contact senior writer Chris Freiberg at wfreiber@indiana.edu.