(NewsNation) — After Jakeba Dockery’s husband, Richard Henderson, was shot on a Brooklyn subway train, she is suing the New York Metropolitan Transit Authority for allegedly leaking crime scene photos.
Dockery is asking for $28.5 million, an amount based on the settlement awarded to Vanessa Bryant after photos of the helicopter crash Kobe Bryant died in were leaked.
Trial lawyer Brian Claypool told NewsNation that the precedent set by the Bryant case could give the MTA an incentive to settle out of court. But if the case does go to trial, he said a jury may not award an ordinary citizen the same amount as the widow of a famed basketball player.
“Every juror on the Vanessa Bryant trial in LA County knew about Kobe Bryant. He was a hero,” Claypool said. “I don’t see near the same numbers that are going to be awarded in this case.”
However, Claypool noted it is a terrible case since the photos may have been taken while Henderson was still alive before he received any medical aid.
It will be up to Dockery and her lawyers to argue that the photos weren’t taken for a legitimate government purpose and that the MTA was negligent in training employees to preserve crime scenes.
For the family, Claypool said, a settlement could make a big difference.
“One of the kids can’t even take the subway anymore,” he noted. “She’s paying an Uber to try to get the child to school, so they have got to get this case settled, and this can’t be happening any more.”