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City cites immunity in wrongful death lawsuit

David Curtiss (Drew Powell, WTVA)
David Curtiss (Drew Powell, WTVA)
Reported by: Mel Carlock
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Updated: 11/13/2013 2:36 pm
BOONEVILLE, Miss. (WTVA) — The city of Booneville and two police officers sued in the shooting death of a man during a police call in April of 2012 have filed their response to a federal lawsuit over the man's death.

Attorneys' for the city say the city and its officers have immunity under law.

The family of David Andrew Curtiss filed the lawsuit after he was shot and killed on Stanley Street Extension on April 23, 2012.

The lawsuit claims officers Randy McCoy and Brian Mays responded to the call.

The suit claims Mays used a taser on Curtiss and McCoy shot him once in the back while he was stunned.

The family claims Curtiss was unarmed when the shooting took place.

They also claim the officers did not tell EMS officials called to the scene that Curtiss had been shot.

A Prentiss County grand jury reviewed the evidence presented by the Mississippi Bureau of Investigations and cleared the officers in the shooting incident.

Details of what lead up to the shooting were not released.

In their response to the lawsuit, the city claims officers did not violate Curtiss' rights and are entitled to immunity.

They also state the complaint filed by the family fails to state a claim on which relief may be granted.

The attorney's for the city and the other defendents asks the federal judge to dismiss the case.
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