Bradshaw Versus Brown Case Continues

"The way a plaintiff attempts to make out a claim against a supervisor or individual is to allege that somehow there was improper training or something that amounted to a deliberate indifference," said Wesley Milliken, Attorney at Law.

BOWLING GREEN, Ky (WBKO) -- Brandon Bradshaw's widow, Heidi Bradshaw, filed a wrongful death suit in late February. This was one year after her husband was shot three times by former court security officer, Tommy Brown.

In the civil suit, Bradshaw's attorney, Gary Logsdon, named Brown, Warren County Sheriffs Department., Bowling Green Police, Kentucky State Police Post Three and Medical Center EMS.

On the one year anniversary of Bradshaw's death, Heidi Bradshaw's attorney filed the wrongful death claim with the U.S. District Court.

On Tuesday, a response was filed to this lawsuit.

In the response, Tommy Brown's attorney, Paul Lawless, argues that Brown was not the aggressor in the incident and acted in self defense. After reaching out for comment today, Lawless respectfully declined.

Attorney Wesley Milliken represents Sheriff Gaines and Major Randy Hargis and says his review of the case is consistent with attorney, Paul Lawless's.

"That, in fact, he was acting in self defense as a private citizen. Which of course, under Kentucky law, you are entitled to act in self defense if you have a reasonable belief that your life is in danger," said Wesley Milliken, Attorney at Law.

Naming Sheriff Gaines and Major Hargis in this case does not mean the plaintiff believes the two were involved at the time of the shooting.

"The way a plaintiff attempts to make out a claim against a supervisor or individual is to allege that somehow there was improper training or something that amounted to a deliberate indifference," said Wesley Milliken, Attorney at Law.

Milliken also says the Sheriff's Department cooperated fully with the investigation and the results were presented to the Warren County grand jury.

"Once all of those facts come to light, it will be clear that this was an unfortunate situation between two private individuals. Pursuant to the applicable law, the Sheriff's Department does not have liability in this case,” said Wesley Milliken, Attorney at Law.

Attorney Aaron Smith responded on behalf of the Medical Center, in the documents filed Tuesday. He argues that Brandon Bradshaw was "negligent in failing to exercise ordinary care for (his) own safety."

Heidi Bradshaw's attorney respectfully declined commenting.


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