The mother of an 11-year-old boy who was shot by an Indianola, Mississippi cop after calling 911 for help has filed a federal lawsuit seeking at least $5 million in damages.
Nakala Murry filed the lawsuit on behalf of herself and her son Aderrien Murry, who she said suffered from a collapsed lung, lacerated liver, and fractured ribs after being shot by Indianola police officer Greg Capers on May 20.
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The lawsuit alleges the City of Indianola, Police Chief Ronald Sampson, and Capers violated Murry’s Fourth Amendment right to be “free from excessive force” and 14th Amendment right to “substantive due process without intentional exposure to known danger.” It accuses the city of “gross negligence or reckless disregard in failing to supervise its employees.”
The Mississippi Bureau of Investigation is investigating the shooting and Capers has been placed on leave. Sampson remains at work.
Reached by VICE News, an Indianola police officer said the department had no comment because the investigation is ongoing.
According to the lawsuit, Murry was at home with Aderrien, her other child, and her nephew on May 20, when she got an “unexpected visit from an irate father of one of her minor children” at around 4 a.m. She instructed Aderrien to call police for help.
When Capers arrived on scene, he had his gun drawn and told everyone to exit the house, the lawsuit says, noting as Murry was coming around the corner of a hallway that led into the living room, “he was instantly shot” by Capers.
“Capers failed to assess the situation before displaying and/or discharging his firearm,” says the lawsuit, brought forth by the family’s attorney Carlos Moore.
As a result of Capers’ misconduct, “an 11-year old sustained major injuries to his body that will require extensive time in order for him to recover,” it continues.
Aderrien was released from the hospital on May 24. In an interview with ABC News, he said being shot “felt like a Taser, like a big punch to the chest.” He said he had his hands raised when he was shot.
Aderrien said after he was shot, he ran to his mother and that he was bleeding from his mouth.
Aderrien told CNN at night he’s haunted by thoughts of himself dead.
“Sometimes, I can see myself laying inside the coffin,” he said. “But my main thought is me dead.” On the night of the shooting, he said he thought he was going to die so he started apologizing to his mother for bad behavior towards a teacher and family member.
The lawsuit alleges that both Murry and her son are suffering from “serious emotional distress” and post-traumatic stress disorder as a result of the shooting. It says the city and Sampson are culpable in failing to monitor Capers.
“The injuries endured by all plaintiffs could have been avoided if defendants would have acquired the adequate training on how to provide proper assistance and care. However as a direct result of the defendants’ deliberate indifference, reckless disregard, and gross negligence, plaintiffs sustained injuries and damages.”
Both Capers and Aderrien are Black. Murry previously told reporters she believes the issue at play is about a lack of police training rather than race.
“We didn’t feel protected. We felt like victims,” she said.
Moore previously called for Capers and Sampson to be fired and for body-camera footage from the shooting to be released.