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Three Decatur Police Officers File Motion to Dismiss Lawsuit in Connection to Stephen Perkins Shooting
In a recent development, three Decatur police officers have filed a motion to dismiss a lawsuit filed against them in connection to the shooting death of Stephen Perkins. Perkins’s family had filed a federal lawsuit in December, naming the City of Decatur, four officers involved, Pentagon Federal Credit Union, All Star Recovery LLC, and two individuals identified as agents or employees of the credit union or towing company.
Details of the Lawsuit
The lawsuit specifically names officers Bailey Marquette, Christopher Mukkadam, Joey Williams, and Vance Summers, alleging federal civil rights violations. While Marquette has been indicted for murder by a Morgan County Grand Jury, the other three officers have not faced any charges related to the shooting.
On Thursday, Mukkadam, Williams, and Summers filed a motion to dismiss the lawsuit, arguing that Perkins’ attorneys have failed to state a claim for failure to intervene. The motion asserts that the officers were not in a position to intervene to prevent Marquette from shooting Perkins, the act that led to the alleged constitutional violation.
Arguments Made in the Motion
The motion also contends that Perkins’ estate has failed to state a claim for wrongful death and that the officers are entitled to qualified immunity. It highlights the legal standards for officer liability in cases of failing to intervene when another officer uses excessive force.
Claims Against the City of Decatur and Tow Truck Driver
Additionally, the family’s lawsuit accuses the City of Decatur of violating Perkins’ civil rights, alleging a policy of rewarding officers who engage in more invasive citizen interactions. The lawsuit also implicates a tow truck driver named Caleb Combs, claiming that he should have known he lacked legal authority to repossess Perkins’ truck.
The lawsuit further alleges that the four officers entered into an agreement with Combs and Richie Brady to return to Perkins’ home and repossess the truck, leading to the fatal shooting of Perkins. The family seeks compensatory and punitive damages, lawyer fees, and a jury trial in the ongoing legal proceedings.
Conclusion
The case continues to unfold as legal arguments are presented by both parties involved. The motions filed by the officers shed light on the complexities of the situation, raising questions about police accountability and the use of force in law enforcement interactions. As the lawsuit progresses, further details may emerge to provide a clearer picture of the events leading to Stephen Perkins’ tragic death.
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