Ex-cop Kueng gets 3 years for violating Floyd’s rights
U.S. Court News
Former Minneapolis police Officer J. Alexander Kueng was sentenced Wednesday in federal court to three years in prison for violating George Floyd’s civil rights during the May 2020 killing.
Kueng’s co-defendant Tou Thao was scheduled to be sentenced later Wednesday morning.
Kueng and Thao were convicted in February of two counts of violating Floyd’s civil rights. The jury found they deprived the 46-year-old Black man of medical care and failed to stop Derek Chauvin as he knelt on Floyd’s neck for 9 1/2 minutes. Kueng, who is Black, was sentenced to three years on each count, to be served concurrently.
The lower sentence for Kueng raises questions about whether he would consider a plea deal or risk a state court trial on Oct. 24, when he and Thao face counts of aiding and abetting second-degree murder and second-degree manslaughter.
Kueng held Floyd’s back, former Officer Thomas Lane held his feet and Thao kept back bystanders, some of whom recorded video that led to worldwide protests.
The federal government brought the civil rights charges against all four officers in May 2021, a month after Chauvin was convicted of murder and manslaughter charges in state court. They were seen as an affirmation of the Justice Department’s priorities to address racial inequities in policing, a promise made by President Joe Biden before his election. And they came just a week after federal prosecutors brought hate crimes charges in the killing of 25-year-old Ahmaud Arbery in Georgia and announced two sweeping probes into policing in two states.
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Workers’ Compensation Subrogation of Administrative Fees and Costs
When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.
In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.
In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.