Gay Today: World

Brandon Teena's Death Blamed on Sheriff by Nebraska Court

Compiled by GayToday

Brandon Teena, seen here in the documentary The Brandon Teena Story

New York, New York--In a ruling that strengthens law enforcement's duty to protect lesbian, gay, bisexual, and transgender crime victims, the Nebraska Supreme Court held a Richardson County sheriff accountable for his failure to protect Brandon Teena, who was raped and later killed by his rapists after law enforcement failed to intervene.

Lambda Legal Defense and Education Fund and co-counsel Herbert Friedman represented Joann Brandon, Brandon Teena's mother and representative of the estate.

The decision in Joann Brandon v. County of Richardson unanimously ruled in favor of the mother on all her claims. The case has been closely watched by civil rights and victims' advocacy groups, all of whom urged the Court to vigorously enforce the government's obligation to protect all people who are victimized by crime, regardless of sexual orientation, gender identity, or other perceived difference.

Brandon's mother said, "I am so happy today. Nothing will bring Teena back, but I will sleep better knowing that we have found some justice for my child, and that because of this case, fewer parents will find their children abused and exposed to danger by law enforcement officials."

Brandon Teena was born Teena Brandon and raised as a girl. In 1993, he was living as a man in Falls City, Nebraska. There, two male acquaintances raped Brandon after discovering his physical sex.

Shortly afterward, Brandon reported the rape to Sheriff Charles Laux, who not only notified the rapists of the complaint, but took no steps to protect Brandon, despite strong evidence that his life was in danger. Laux, who had been abusive and accusatory while interviewing Brandon about the rape, even forbade a deputy from arresting the pair, who then tracked Brandon down and shot and killed him. The killers were later arrested and convicted of murder.

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Related Sites:
Lambda Legal Defense & Education Fund

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The Brandon Teena Story

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The Court agreed with the arguments in Lambda's brief, holding that the trial court erred in reducing damages for Brandon's pain and suffering where the Sheriff had violated a duty to protect, and that the Sheriff's conduct for the abusive treatment during his interview of Brandon was "extreme and outrageous, beyond all possible bounds of decency, and is to be regarded as atrocious and utterly intolerable in a civilized community." The Court further agreed with Lambda's arguments that the value of Brandon's life to his mother should be higher, and that Brandon most certainly bears no fault whatsoever for his murder.

"The Court today sent a strong message to law enforcement that there is a high price to pay for not respecting victims of violence, including victims of bias violence," said Senior Staff Attorney David S. Buckel. He added, "This is a great victory for the lesbian, gay, bisexual, and transgender community, and other communities who suffer abuse and violence because of who they are."

Thirty-three civil rights and victims' advocacy organizations joined Lambda's appeal to the Nebraska Supreme Court. Among them are the American Civil Liberties Union, American Public Health Association, Anti-Defamation League, National Coalition Against Domestic Violence, National Organization for Women, Nebraska Domestic Violence Sexual Assault Coalition, Parents of Murdered Children, and Southern Poverty Law Center.

Herbert Friedman of Friedman Law Offices of Lincoln, Nebraska is Lambda's co-counsel.

(Joann Brandon v. County of Richardson, Nebraska, No. S-00-022)