A man shot after a high-speed police chase has filed a $21.5 million lawsuit accusing officers of using excessive force.
The lawsuit filed Friday in U.S. District Court in New Albany alleges that police violated Trent Marion's constitutional rights and seeks a punitive award of $10 million. The claim also seeks $5 million for pain, suffering and emotional trauma, another $5 million over the use of excessive force, $1 million to cover the loss of future wages and $500,000 for medical expenses.
Marion, 37, of Louisville, Ky., said in the lawsuit that his vehicle, a Ford Explorer, had stopped and he had both hands raised when he was shot on Jan. 20, 2006.
Attorney Patrick Renn, who is representing Marion, said a videotape from one of the police cars would be a key piece of evidence in the lawsuit.
"The videotape will corroborate what is stated in the complaint," he said. "The car did have its tires flattened, he was unarmed, his arms were raised and (he) got shot by five officers who fired at least 20 rounds into the vehicle."
Police, however, have maintained that Marion was trying to drive toward officers when they fired at him, wounding him in both hands and his right eye.A Harrison County grand jury cleared five police officers of wrongdoing in the shooting.
The FBI also opened an investigation into whether Marion's civil rights had been violated. The status of that probe was not available.Authorities said Marion drove away from Louisville police when they tried to arrest him for shoplifting. As the chase moved into Indiana along Interstate 64, officers from New Albany, Floyd County, Harrison County and Corydon joined the pursuit.The shooting occurred after his car was stopped in the median of the interstate near Corydon.
Marion was sentenced to 30 years in prison after pleading to robbing two Kroger supermarkets, including the one that led to the police chase. Records show police dispatchers referred to the incident by code for an armed robbery, even though Marion was not armed.
The lawsuit lists as defendants the five officers involved in the shooting - Roy Wiseman, Bruce Lahue and Kevin Taylor of Harrison County, and James Sadler and Todd Stinson - as well as the cities of Corydon, Louisville and New Albany, Harrison County and unknown officers from all four jurisdictions.
John Colin, the Harrison County attorney, said he had not seen the suit and could not comment. Corydon City Attorney Ron Simpson did not respond to messages.