PAPD officers face wrongful death lawsuit

Two Port Arthur police officers were involved in a fatal shooting at the house in the 3800 block of 29th Street after receiving a call about a domestic disturbance Nov. 1, 2013. Two Port Arthur police officers were involved in a fatal shooting at the house in the 3800 block of 29th Street after receiving a call about a domestic disturbance Nov. 1, 2013. Photo: Enterprise File Photos Photo: Enterprise File Photos Image 1 of / 9 Caption Close PAPD officers face wrongful death lawsuit 1 / 9 Back to Gallery

The family of a woman who was fatally shot by a Port Arthur police officer two years ago is suing the city and two PAPD officers, claiming wrongful death and civil rights violations.

Rosa E. Flores, 50, was shot once in the chest on Nov. 1, 2013, as she stood up from her seat on her son's couch, according to police reports. Flores, who is described by her family in court documents as mentally-ill, was brandishing a kitchen knife when the officer fired the fatal shot.

Attorneys for Flores' husband and two children are seeking damages in excess of $100,000, according to an amended complaint filed in federal court on Dec. 11. The lawsuit was filed on Oct. 30.

Attorneys for the two Port Arthur police officers have asked that the case be dismissed, contending that the department and the two officers are immune from litigation because the lawsuit does not fall within the parameters of the Texas Tort Claims Act.

Attorneys for the Flores family accuse PAPD in the lawsuit of acting with deliberate indifference to Flores' constitutional rights.

Officers with the police department were aware of Flores' mental illness due to prior experience with her, the complaint states. Port Arthur police officers are not adequately trained in crisis intervention, and the city's minimal investigation was designed to exonerate the officers involved in the shooting, according to the family's lawsuit.

Kacey Frank, who shot Flores, and the other responding officer, Donald Suarez, were cleared by the department of any wrongdoing, according to the suit.

The family alleges in its suit that instead of defusing the situation like officers had done during previous encounters with Flores, Suarez ordered everyone out of the room and yelled at Flores.

When she did not respond to Suarez, the suit alleges Frank used a Taser on Flores, which made her jolt upright into a standing position with her hands up.

"Unfortuantely, (Flores) didn't immediately drop the knife, so Officer Frank shot Flores in her chest, killing her in cold blood," the complaint states.

BScott@BeaumontEnterprise.com

Twitter.com/BrandonKScott