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.

Confirmed Cases: 112123

Reported Deaths: 3223
CountyConfirmedDeaths
Hinds7796173
DeSoto670178
Harrison484483
Jackson435081
Rankin383786
Madison373993
Lee344979
Forrest296377
Jones283782
Washington252197
Lafayette242642
Lauderdale2376131
Lamar217138
Bolivar198377
Oktibbeha195854
Neshoba1814111
Lowndes174962
Panola166337
Leflore160787
Sunflower157649
Warren152755
Monroe145972
Pontotoc143819
Pike137256
Lincoln135555
Copiah135036
Marshall134826
Scott123829
Coahoma123436
Grenada120038
Yazoo119333
Simpson118649
Union115225
Holmes113560
Leake113340
Tate113239
Itawamba110424
Pearl River108958
Adams104343
Prentiss102619
Wayne98721
Alcorn96012
George93917
Marion92942
Covington92525
Tippah85921
Newton84427
Chickasaw82625
Winston82221
Tallahatchie81825
Tishomingo79341
Hancock78127
Attala77626
Clarke72349
Clay67621
Jasper67417
Walthall63327
Calhoun61412
Noxubee59617
Smith58316
Claiborne53216
Montgomery52923
Tunica52217
Lawrence49914
Yalobusha49314
Perry48122
Carroll46312
Greene45518
Stone45014
Amite41713
Quitman4146
Humphreys41216
Jefferson Davis39811
Webster36613
Wilkinson33020
Kemper32015
Benton3154
Sharkey27814
Jefferson27010
Franklin2373
Choctaw2036
Issaquena1063
Unassigned00

Alabama Coronavirus Cases

Confirmed Cases: 153016

Reported Deaths: 2633
CountyConfirmedDeaths
Jefferson22563372
Mobile14335314
Tuscaloosa10023133
Montgomery9759196
Madison904893
Shelby709960
Lee644966
Baldwin640569
Marshall428248
Calhoun412759
Etowah405749
Morgan396833
Houston364632
DeKalb319628
Elmore310752
St. Clair282142
Limestone270828
Walker268892
Talladega258435
Cullman227623
Lauderdale208740
Autauga201029
Jackson200915
Franklin199731
Colbert192228
Russell19053
Dallas185627
Blount184824
Chilton181731
Escambia171328
Coffee16669
Covington166029
Dale163451
Pike130512
Chambers130143
Tallapoosa128686
Clarke127117
Marion104729
Butler99840
Barbour9889
Marengo97221
Winston90413
Geneva8417
Pickens80517
Lawrence80031
Randolph79814
Bibb79114
Hale74529
Cherokee72214
Clay71912
Lowndes70127
Henry6376
Bullock63517
Monroe6319
Washington62212
Crenshaw59330
Perry5806
Wilcox55912
Conecuh55713
Fayette55312
Cleburne5287
Macon52820
Sumter46721
Lamar4565
Choctaw38712
Greene33916
Coosa1973
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