NC woman sues NYPD over Empire State shooting

Published on NewsOK Modified: January 22, 2013 at 5:48 pm •  Published: January 22, 2013
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The lawsuit contends police were "grossly negligent in not waiting to confront Johnson until he moved to a location where innocent bystanders were not present."

Marion said she believed the lawsuit filed by Duclos was the first since the shooting, although others have filed notices of claim, signaling their intention to sue.

Duclos is a resident of Chapel Hill, N.C., and is in her second year studying physical therapy at the University of North Carolina. She said recovery from her injuries, including a shattered femur, slowed her education.

And if not for a detour through New York City, she said she may have never been shot.

She explained she had arrived by train at Grand Central Terminal and was walking with a friend across town to Pennsylvania Station to catch another train to a family reunion in New Jersey when she was shot as she crossed Fifth Avenue and 34th Street.

"I started to hear what I thought were gunshots," she said. "Everything happened really quickly. People were starting to run, screaming and yelling."

Moments later she felt what seemed like a punch to her left hip.

"All of a sudden I was on the ground," she said. "I couldn't move my leg; I knew I was hit by something but it was really hard to connect with the idea it would be a bullet."

She said she is still working with physical therapists on regaining her mobility, only using a crutch when absolutely necessary.

The lawsuit seeks unspecified damages.