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: 513622

Reported Deaths: 10264
CountyCasesDeaths
Harrison34892556
DeSoto33234432
Hinds32638641
Jackson24854389
Rankin22507403
Lee16337242
Madison14922283
Jones14113247
Forrest13766259
Lauderdale12270324
Lowndes11305193
Lamar10659140
Pearl River9719244
Lafayette8846143
Hancock7836132
Washington7550169
Oktibbeha7210138
Monroe7010179
Pontotoc6990109
Warren6863178
Panola6759134
Neshoba6730210
Marshall6678141
Bolivar6445151
Union638297
Pike5928156
Alcorn5879107
Lincoln5530136
George510180
Prentiss503884
Tippah491482
Itawamba4844107
Scott477899
Adams4768125
Tate4756116
Leflore4729144
Copiah456495
Yazoo456491
Simpson4546117
Wayne443072
Covington433695
Sunflower4299106
Marion4277112
Coahoma4237109
Leake413990
Newton395781
Tishomingo383593
Grenada3777109
Stone365866
Jasper340666
Attala338290
Winston317892
Chickasaw315467
Clay312278
Clarke301195
Calhoun285049
Holmes271889
Smith269052
Yalobusha243947
Tallahatchie231553
Greene224749
Walthall221666
Lawrence218740
Perry213456
Amite209857
Webster205348
Noxubee188742
Montgomery181657
Carroll174541
Jefferson Davis173643
Tunica163239
Benton152939
Kemper145041
Choctaw136727
Claiborne134338
Humphreys131239
Franklin125529
Quitman107628
Wilkinson105939
Jefferson96934
Sharkey65221
Issaquena1957
Unassigned00

Alabama Coronavirus Cases

Cases: 845284

Reported Deaths: 16116
CountyCasesDeaths
Jefferson1161552006
Mobile742111380
Madison53307732
Shelby38338368
Baldwin38085589
Tuscaloosa36022641
Montgomery34492781
Lee25562263
Calhoun22586518
Morgan22459406
Etowah20018517
Marshall18782316
Houston17731425
St. Clair16884358
Limestone16148218
Cullman16054303
Elmore15904294
Lauderdale14989306
Talladega14196299
DeKalb12972269
Walker12030380
Blount10717192
Autauga10517157
Jackson10162194
Coffee9417192
Colbert9342208
Dale9020191
Tallapoosa7256201
Russell708165
Chilton7018170
Escambia6957143
Covington6933195
Franklin6342108
Chambers5784142
Marion5406130
Dallas5285209
Pike5119109
Clarke484986
Lawrence4826129
Winston4780110
Geneva4642136
Bibb434094
Barbour369580
Butler3435100
Marengo342493
Monroe337266
Randolph334867
Pickens333188
Fayette330385
Henry320666
Hale318389
Cherokee317863
Crenshaw260477
Washington257052
Cleburne254460
Lamar251453
Clay250869
Macon244864
Conecuh192862
Coosa185047
Lowndes178168
Wilcox177438
Bullock152645
Perry141840
Sumter139241
Greene130245
Choctaw93228
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