INDIANAPOLIS, Ind.– The family of a man who was fatally shot by officers in June filed a lawsuit against the City of Indianapolis, the Indianapolis Metropolitan Police Department (IMPD) and the two officers involved in the incident.
On June 29, police said Bailey drove away from a traffic stop and crashed his car on the northwest side. Two IMPD officers opened fire, striking Bailey. An autopsy report given to CBS4 by an attorney representing Bailey’s family showed he was hit four times in the back. Police said they did not find a weapon in his vehicle.
The family’s suit, filed by attorney Craig R. Karpe, alleges the shooting was “objectively and subjectively unreasonable.”
The complaint also claims the officers, identified as Carlton Howard and Michal Dinnsen, used excessive force.
“Officer Howard’s actions in using excessive force against Mr. Aaron Bailey and violating his bodily integrity shock the conscious, and constitute a violation and deprivation of Mr. Bailey’s rights under the Fourteenth Amendments of the United States Constitution,” the lawsuit claims.
The complaint lists points against both officers separately.
“Officer Dinnsen’s actions in using deadly force against Mr. Aaron Bailey and violating his bodily integrity were not objectively reasonable, and constitute a violation and deprivation of Mr. Bailey’s rights under the Fourth Amendment of the United States Constitution.”
The document goes on to accuse the City of Indianapolis of failing to properly use force policies already in place and failing to supervise and train officers from using excessive force on Bailey. It also notes the City didn’t provide body cameras to officers.
“Mr. Aaron Bailey suffered compensable injury as a direct and proximate cause of the Defendants’ unlawful actions and/or omissions,” the complaint says.
In August, Marion County Prosecutor Terry Curry announced Kenneth Cotter from St. Joseph County will take over the case. Bailey’s family said they were pleased with the decision to seek a special prosecutor who would have a fresh pair of eyes on the case.
The family seeks punitive damages and a jury trial for the officers. The money would cover attorney fees, medical and hospital expenses, reasonable burial expenses, and “all other appropriate relief.”