Partner of Akai Gurley,who was shot by rookie NYPD pig in Brooklyn stairwell,plans to sue for 50 mil

Partner of Akai Gurley, who was fatally shot by rookie NYPD cop in Brooklyn stairwell, plans to sue city for $50M

The domestic partner of an unarmed man fatally shot by a rookie cop in the stairwell of a Brooklyn housing project will take the first legal step Thursday in filing a $50 million lawsuit against the city, the Daily News has learned.

Akai Gurley’s death was a tragedy of errors, recklessness and negligence, according to lawyer Scott Rynecki.

“There was no justification for this police officer having his gun out of the holster, in his hand and his finger on or near the trigger so this shooting recklessly occurred,” Rynecki said.

“There was no threat of imminent harm by Mr. Gurley or anyone else.”

The notice of claim will be filed on behalf of Kimberly Ballinger and her 2-year-old daughter Akaila who was fathered by Gurley, against Officer Peter Liang who fired the fatal shot and his partner Shaun Landau.

A separate notice of claim accuses the New York City Housing Authority, which is responsible for maintaining the Pink Houses in Brownsville, of negligence in failing to repair the light in the stairwell where Gurley, 28, was gunned down between the seventh and eighth floors.

“I want to make sure Akai doesn’t die in vain,” Ballinger told The News.

She has told Akaila and her 7-year-old daughter Kamiya that Akai is in heaven, prompting the little girls to ask, “‘Can we go get him and bring him back?’” she said.

Prosecutors in Brooklyn District Attorney Kenneth Thompson’s office have been investigating the shooting and plan to empanel a grand jury soon to consider criminal charges against Liang and possibly Landau, sources said.

“I have faith the district attorney is going to seek justice,” Ballinger added.

The cops were performing a vertical patrol in the building on Nov. 20 — contrary to the orders of their commanding officers — when Liang apparently opened the stairwell door with the same hand he was holding his gun and fired one round into the pitch darkness.

Police Commissioner Bill Bratton called the shooting accidental.

But the notice also alleges that the cops texted their union delegate immediately after the shooting instead of summoning medical assistance, which was first reported by The News.

“This was a tragic incident and the city will review the claim,” said Nick Paolucci, a spokesman for the Law Department.