JUDGE SAYS HILL CAN BE SUED IN DAVIS DEATH

FORT WORTH - A federal judge has again ruled that a former North
Richland Hills police officer who shot and killed the son of
true-crime author Barbara Davis in a 1999 drug raid can be sued over
claims he used excessive force.

U.S. District Judge Terry Means also dismissed all claims against
Police Chief Tom Shockley and Sgt. Andy Wallace except for allegations
that they failed to supervise former officer Allen Hill.

The city faces two consolidated wrongful-death lawsuits in connection with
the death of 25-year-old Troy Davis: one by the Davis estate and another
brought by Barbara Davis.

In the ruling handed down Sept. 30, Means also granted former SWAT
team leader Greg Crane and officer Curtis Westbrook full immunity from
the lawsuits.

Hill shot and killed Troy Davis during a SWAT team no-knock drug raid
at the Davis house on Dec. 15, 1999.

A Tarrant County grand jury declined to indict Hill.

On Monday, City Attorney George Staples called the ruling a near-total
victory for the city. He said the city would probably appeal Means'
decision not to grant full immunity to Shockley and Wallace.

Jeff Kobs, one of the attorneys for Davis, said Monday that he was
pleased Means denied full immunity to Shockley and Wallace.

Means' ruling says the two supervisors "ignored a grave risk" that
Hill would eventually use excessive force. Hill, Means wrote, "was
capable of behavior likely to result in the violation of the most
basic of constitutional rights."

The behavior Means mentioned in the ruling includes Hill's reputation
for exposing himself to others. Hill was disciplined by the North
Richland Hills Police Department for exposing himself during a group
photograph taken during a 1998 SWAT training session at Fort Hood.

"Hill exhibited a shocking degree of silliness and myopia and an
appalling lack of professional judgment when he exposed himself for
the SWAT team photo," Means wrote. "His fitness for such a team, where
members must exercise split-second good judgment at every turn, should
have been of great concern to any supervisor."

Means' decision comes exactly one year after he handed down an
identical ruling. The first was revoked after it came to light that
the city had withheld volumes of information from the plaintiffs.

The North Richland Hills SWAT team stormed Davis' house, believing
that the Davises were growing marijuana.

Police said Davis was pointing a loaded 9 mm pistol at officers when
Hill shot him during the raid. Barbara Davis, who was home at the
time, has said that her son was not armed and that police placed the
gun near his body.

Barbara Davis was sentenced to two years probation for possession of
the banned designer drug GHB, gamma hydroxybutyrate, which was found
in the house. Charges over possession of three marijuana plants found
during the raid were dropped.

Davis is best known for her book, Precious Angels, which says Darlie
Routier of Rowlett killed her sons in 1996. Routier was convicted of
one count of capital murder after a highly publicized trial, and
awaits execution.

Davis later announced that she was writing another book that would
prove Routier is innocent.