INDIANAPOLIS (WISH) — A lawsuit filed by a man accused of killing an IMPD officer has been thrown out by a federal judge.
Major Davis II was seeking millions of dollars, claiming officers used excessive force during his 2014 arrest.
Federal Judge Tanya Pratt says Davis failed to identify a viable defendant, therefore she dismissed his $2.3 million lawsuit that was filed last month.
The lawsuit was against Mayor Joe Hogsett, IMPD, former police chief Rick Hite and Officer Perry Renn, whom Davis is accused of killing back in July 2014. A second officer was also included in the suit.
Davis claims his 4th Amendment rights were violated on July 5, 2014 when he was allegedly unarmed and shot in the head, abdomen, and back by the police officers.
Judge Pratt says in order for someone to be liable for a constitutional violation, they must have personally participated in the act or ordered that act to take place. She says Davis’ lawsuit says each defendant is being sued in their official capacity, which is essentially a suit against the governmental entity.
Judge Pratt dismissed the lawsuit as legally insufficient, saying there is no allegation to suggest there is a policy for officers to shoot unarmed people.
Davis, who’s in jail and expected to be in court later this month, has until Feb. 29 to file an amended complaint.