INDIANAPOLIS — A judge has dismissed IMPD from a wrongful death lawsuit in the shooting death of Dreasjon Reed.
The lawsuit alleges four IMPD officers, the city of Indianapolis and IMPD used "excessive force" in violating Reed's Fourth Amendment rights.
The four officers listed are IMPD Chief Randal Taylor, IMPD Deputy Chief Kendale Adams, IMPD Officer De'Joure Marquise Mercer, and IMPD Officer Steven Scott.
IMPD claims Reed was running from police, shot at an officer, and the officer returned fire, killing Reed. The incident was caught on a live video on Facebook that Reed was filming at the time.
Reed's mother, Demetree Wynn, filed the federal lawsuit in June.
On Tuesday, Oct. 27, Judge Jane Magnus-Stinson dismissed IMPD from the lawsuit, citing that city agencies are protected from certain laws.
"Defendants argue that the IMPD is not a suable entity, and therefore all claims against it must be dismissed. [Filing No. 16 at 3.] Specifically, Defendants assert that although municipal corporations have the capacity to sue and be sued under Indiana law, their individual departments and agencies do not, and courts have consistently recognized that the IMPD is not suable except in the context of lawsuits for access to public records, which is not the case here."
Here are the claims that have been dismissed from the lawsuit:
- IMPD
- Excessive force claims against Mercer, Taylor, Adams and Scott
- Wrongful death claims, negligent infliction of emotional distress and intentional infliction of emotional distress against Mercer and Scott individually
- Intentional infliction of emotional distress claim against the city
- Indemnification claim against the city dismissed for now, since no liability established yet
Following the court's decision, here is what remains in the wrongful death lawsuit:
- Excessive force against Mercer individually and against the city
- Claim for failure to train against the city
- Wrongful death claim against the city, Chief Taylor and Adams
- Battery against Mercer and the city
- Negligent infliction of emotional distress against the city, Chief Taylor and Adams
- Denial of medical care against Mercer