Attorneys for the family
of a mentally ill man shot and killed during an altercation with Headland
police claim the family’s wrongful death suit should survive because an
officer’s use of deadly force during the incident went well beyond the threat
posed by the man.
O’Patrick Humphrey, 33, was
shot during an incident in Headland on Jan. 31. The incident stemmed from a
call to 911 by his mother, Velma Jean Humphrey, who sought assistance in
dealing with her son, who she said was schizophrenic and off his medication.
Police claim Humphrey assaulted two paramedics who responded. Officer Tony
Franks was the first officer on the scene. Police claim Humphrey assaulted
Franks, who fired one shot at Humphrey, grazing him.
Police say Officer Tony
Smith then arrived and asked Franks if Humphrey was armed, but received no
response. Humphrey then apparently approached Smith, who fired once, hitting
Humphrey in the groin. Humphrey died from the wound.
Attorneys for Headland
and the officers filed a motion to dismiss the federal suit two weeks ago,
claiming the suit does not state a valid claim. Attorneys for Humphrey
responded Tuesday.
“When you consider the
deadly force used in this case, it was clearly not reasonably proportionate to
any crime or behavior exhibited by the Decedent, even more so when you consider
that he is mentally ill,” states the response, filed by Carl Underwood and
Lance Swanner of the firm Jacoby and Meyers.
“The plaintiffs contend
the facts of this case are one of obvious clarity because it is such a clear
violation of the Decedent’s Constitutional rights. Despite knowing the
defendant was mentally ill and unarmed, the officer went straight to the use of
deadly force,” the motion claims.
In the earlier motion to
dismiss filed by Headland and the officers, attorneys claim the officers should
not be held accountable for information they may not have known at the time.
“Although the complaint
alleges O’Patrick was unarmed, Officer Smith could not have known that,” states
the motion, filed by James H. Pike of the firm Shealy, Crum and Pike in Dothan.
“To the contrary, Officer Smith knew that a shot had been fired and that
Officer Franks was unresponsive.”
The suit alleges
violation of Humphrey’s civil rights by the City of Headland, the Headland
Police Department, Police Chief Mark Jones, and officers Franks and Smith.
A Henry County jury
recently decided not to indict the officers on criminal charges. The wrongful
death suit remains in U.S. District Court. The judge has not ruled on the
motion to dismiss.