Mother seeks $490,000 in ‘Boys Don’t Cry’ killing

By Josh Funk

Associated Press

FALLS CITY, Neb. – The mother of the cross-dressing woman whose murder was dramatized in the 1999 movie “Boys Don’t Cry” asked a court today for $490,000 from a former sheriff and county government for failing to protect her daughter.

Joann Brandon’s attorneys made the request at a hearing ordered by the state Supreme Court to refigure an earlier damage award of $17,000, most of which was to come from her daughter’s two imprisoned killers.

The judge gave attorneys on both sides a month to submit written arguments before he makes a ruling.

The two men murdered Teena Brandon, who often dressed as a man and used the alias Brandon Teena, eight years ago. She had told then-Richardson County Sheriff Chalres Laux that they had raped her when they found out her true gender.

The pair, John Lotter and Marvin Nissen, also killed two people who witnessed her slaying.

Joann Brandon sued Laux, saying he should have protected Brandon after she reported the rape.

In a 1999 ruling, District Judge Orville Coady agreed but also found that the young woman’s lifestyle contributed to her death.

Earlier this year, the high court overturned part of that ruling. Chief Justice John Hendry said Laux was more concerned with Brandon’s sexuality than he was with keeping her safe after she had reported she was raped.

According to court records, Laux referred to Brandon as “it,” and his interrogation of her included questions such as “Do you run around … with a sock in your pants to make you look like a boy?”

The high court directed Coady to instead award the victim’s mother at least $80,000 for wrongful death and refigure other damages.

The mother’s attorneys asked today for $250,000 for wrongful death and $240,000 for Teena Brandon’s emotional distress.

Richard Boucher, who represents Laux, argued against any damages for emotional distress.

“You can talk all you want about Charlie Laux’s behavior, but you cannot assume that it caused Teena Brandon emotional distress,” he said.

Boucher has argued the sheriff was trying to establish Brandon’s credibility and prepare her for questions she might face at a rape trial.

Thirty-four civil rights groups – including the New York-based Lambda Legal Defense and Education Fund, which also represents Joann Brandon – filed briefs in the Supreme Court case.