Mother of Nyah Mway files notice of claim against city of Utica

Chee War, the mother and legal guardian of 13-year-old Nyah Mway, who was shot and killed by police in late July, has filed a notice of claim against the city of Utica, according to a statement from the family.

In the statement announcing the notice of claim, War alleges multiple violations of civil rights and wrongful death in connection with the fatal police shooting of her son on June 28.

Nyah Mway was shot and killed by police June 28 after officers stopped two youths on a sidewalk in connection with an ongoing robbery investigation.

Nyah fled police and officers said he pointed a gun at them — a gun that ultimately turned out to be a pellet gun made to look exactly like a GLOCK .

The Karen people have held multiple rallies and marches , demanding justice from the city.

“The notice of claim, filed by War in her capacity as the administrator of Nyah Mway's estate, names the city of Utica and the Utica Police Department as responsible for the actions of the officers involved,” the statement reads.

According to New York Courts , anyone who wishes to commence a civil lawsuit against New York state, their local government, or most government agencies for damages because of certain alleged conduct or negligence must first file a document known as a notice of claim.

The claim alleges numerous causes, including but not limited to:

• Wrongful death
• Excessive force
• Assault and battery
• False arrest
• Civil rights violations
• Negligent hiring, training, and supervision
• Conspiracy and failure to prevent or intervene in the unlawful acts

The claim states that the physical and emotional injuries caused to Nyah Mway include pain and suffering, loss of dignity, mental distress, and ultimate loss of life.

The damages also extend to the family, who “...seek justice for the psychological, financial, and emotional impact of the incident.”

“Chee War, supported by her community and legal team, is pursuing accountability and justice for her son, a young boy who was tragically taken from her through what she describes as egregious and unjustifiable actions by law enforcement,” the statement reads. “War’s legal counsel asserts that unless the claim is resolved within the time allowed by law, legal action will be taken.”

This article originally appeared on Observer-Dispatch: Mother of Nyah Mway files notice of claim against city of Utica