23 Apr 2001

sheriff negligent in brandon teena case

Court finds former sheriff negligent and awards Teena's mother US$80,000.

The Nebraska Supreme Court has found that the former sheriff who did not act on rape allegations made by Brandon Teena (Teena Brandon), was negligent in his duties. Teena's mother was also awarded US$80,000 as well as damages for emotional distress, reported ABC News.

Teena who was the subject of the movie Boys Don't Cry, was raped and murdered a week later in a rural farmhouse by two of her male acquaintances who wanted to silence her for reporting that they had raped her after learning that she was a woman who was living as a man. The men also killed two other people who witnessed Brandon's death.

Chief Justice John Hendry reversed an earlier decision that said the 21-year-old was partly responsible for her own death when she was killed by John Lotter and Marvin Nissen in 1993.

The court found that Sheriff Charles Laux was more concerned with Teena's sexuality than he was with keeping her safe after she had reported she was raped. Laux then told Lotter and Nissen of Teena's report and stopped deputies from arresting them.

Hendry also said Laux referred to Teena as "it" and his tone on the tape-recorded interview with Teena was "demeaning, accusatory, and intimidating."

Teena's mother, Joann Brandon had previously sued the sheriff for more than US$350,000, saying Teena should have been offered protective custody. She was however awarded only US$17,360.

Lotter received three death sentences for the killings and is awaiting execution while Nissen struck a deal with prosecutors to testify against Lotter and was sentenced to life in prison. Neither was ever charged with Teena's rape.

Teena's case has inspired two movies, the 1999 movie Boys Don't Cry starring Hilary Swank who won an Academy Award for best actress for her portrayal of Brandon Teena and a 1998 documentary, The Brandon Teena Story.

United States