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Judge tosses Mississippi lawsuit claiming police brutality

A judge has dismissed a federal lawsuit accusing two Mississippi police officers of false arrest and police brutality.

Posted: Dec 19, 2017 10:40 PM

JACKSON, Miss. (AP) — A judge has dismissed a federal lawsuit accusing two Mississippi police officers of false arrest and police brutality.

U.S. District Judge Keith Starrett issued a ruling Monday, writing that a family had failed to prove that two Hattiesburg police officers used excessive force during a domestic disturbance call in April 2013.

George Wade Jr. and the estate of his late father, George Wade Sr., sued last year, seeking money damages. They didn't say how much they wanted.

They claimed officers Demetrius Breland and Narottam Holden acted improperly in arresting the two men, saying they broke the younger man's leg and beat the older man "unmercifully."

The officers say both men fought with them and they used only the force necessary to arrest them.

A lawyer for Wade Sr., a former law enforcement officer, wrote in court papers that the older man tried to intervene when he saw police knock his son to the ground. After Breland pepper sprayed the father, they had a scuffle inside the family home.

"The uncontroverted evidence shows that Wade Sr. was actively resisting arrest and that the officers engaged him with nothing but open-handed strikes, eventually grappling him to the ground and placing him in handcuffs," Starrett wrote. "Under these circumstances, the force employed by Breland was not excessive or objectively unreasonable."

The judge made a similar ruling regarding the younger man's claims, saying Breland only knocked George Wade Jr. to the ground when he believed Wade Jr. was trying to resist him. Starrett said George Wade Jr.'s testimony was never submitted into evidence, meaning he couldn't consider it against the officers' statements.

Starrett also ruled out claims of false arrest, noting both men were initially convicted in municipal court. A higher court overturned George Wade Jr.'s conviction, while his father died before an appeal could be decided.

Claims against the city and the officers in their official capacities were dismissed in March.

A lawyer for the Wades didn't immediately respond Tuesday to an email seeking comment.

Mississippi Coronavirus Cases

Data is updated nightly.

Cases: 297321

Reported Deaths: 6805
CountyCasesDeaths
DeSoto19814231
Hinds18949395
Harrison16886282
Rankin12842265
Jackson12750234
Lee9720163
Madison9516204
Jones8035148
Forrest7289138
Lauderdale6872228
Lowndes6061140
Lamar593381
Lafayette5767114
Washington5232130
Bolivar4630124
Oktibbeha443095
Panola433698
Pearl River4212132
Warren4144115
Pontotoc411071
Marshall405995
Monroe3996129
Union397174
Neshoba3848171
Lincoln3624104
Hancock352978
Leflore3400121
Sunflower320986
Tate303974
Pike302697
Scott296171
Alcorn292763
Yazoo292066
Itawamba290675
Coahoma283069
Tippah280065
Copiah279959
Simpson277581
Prentiss271258
Marion258878
Wayne255641
Leake254172
Covington250280
Grenada248878
Adams235778
George232745
Newton232753
Winston222179
Jasper214145
Tishomingo213266
Attala206971
Chickasaw201954
Holmes182870
Clay179452
Stone173429
Tallahatchie171739
Clarke170773
Calhoun158628
Smith153833
Yalobusha145736
Greene128133
Walthall125441
Montgomery123540
Noxubee123431
Perry123235
Lawrence121421
Carroll119425
Amite112435
Webster111132
Jefferson Davis102731
Tunica99824
Claiborne99030
Benton94024
Humphreys93128
Kemper91423
Quitman77514
Franklin76420
Choctaw70117
Jefferson62827
Wilkinson62727
Sharkey49217
Issaquena1676
Unassigned00

Alabama Coronavirus Cases

Cases: 499411

Reported Deaths: 10149
CountyCasesDeaths
Jefferson719951403
Mobile36396741
Madison32674469
Tuscaloosa24391423
Montgomery22789523
Shelby22250219
Baldwin19915289
Lee15070161
Calhoun13961296
Morgan13785255
Etowah13413327
Marshall11458215
Houston10121264
Elmore9509190
Limestone9435139
St. Clair9050228
Cullman8993183
Lauderdale8628214
DeKalb8507175
Talladega7643165
Walker6600260
Jackson6551104
Autauga634492
Blount6252128
Colbert6007121
Coffee5261104
Dale4680107
Russell407534
Franklin400779
Covington3996107
Chilton3911104
Escambia379473
Tallapoosa3637143
Clarke344553
Chambers3432111
Dallas3428142
Pike292973
Marion288796
Lawrence285787
Winston258568
Bibb246058
Marengo244657
Geneva240270
Pickens225757
Barbour213851
Hale212569
Fayette202657
Butler201466
Henry183541
Cherokee178140
Monroe166739
Randolph165141
Washington157036
Macon147845
Crenshaw146755
Clay146254
Cleburne140141
Lamar133933
Lowndes133151
Wilcox123225
Bullock117736
Conecuh107224
Perry106427
Sumter100832
Coosa90324
Greene88732
Choctaw55723
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