A
Louisville man has filed a lawsuit in federal court, accusing two Louisville
Metro Police Department officers with beating him severely Dec. 7, including
breaking his nose.
Johnathan
Masters, 20, of the 300 block of Iowa Avenue, admits in the lawsuit that he
threw the first punch, but claims the two officers, Aaron Browning and Joel
Casse, did not immediately identify themselves as police. Masters says one of
the men approached him “aggressively” on a street in Old Louisville and Masters
says he punched the man in self defense.
Louisville
Metro Police have not yet received or reviewed the lawsuit, said Alicia Smiley,
spokeswoman for the LMPD. She said police also have not received a formal
complaint from Masters about the incident.
Masters
could not be reached, but his attorney, Eric Deters of Independence in Northern
Kentucky, said his client will present a compelling story if it comes to trial
showing that he did not know the two men were police officers. “What’s his
motive for picking a fight with police officers he knew to be police officers?”
Deters said. “It makes no sense to me.”
Masters
says he was crossing South Fourth Street near M Street about 6 p.m. Dec. 7 when
an unmarked white car made a U-turn, nearly hitting him. One of the men in the
vehicle yelled, “Get the (expletive) out of the road,” to which Masters
responded “(Expletive) you,” according to the lawsuit.
Masters
alleges the car pulled in front of him and Casse jumped out and “aggressively
confronted” him and says their appearance “gave no indication” they were police
officers. Masters punched Casse when the officer “aggressively approached” him,
according to the lawsuit.
Masters
alleges the two officers began beating him, and he claims he stopped resisting
when one of the two men finally identified himself as a police officer. The
lawsuit alleges the officers continued to beat him even after he stopped
defending himself.
Deters
said Masters will suffer permanent breathing problems through his nose, despite
three surgeries.
The
police’s version of events, as detailed on Masters’ arrest report, said the two
officers had turned around to investigate a suspicious person seen running out
of an alley when Masters walked in front of their car.
Masters
charged one of the officers as soon as the officer got out of the car, striking
the officer just as he was announcing he was a police officer, according to
Masters’ arrest report.
“Detectives
continued to announce police as the subject fought with detectives and resisted
being placed under arrest,” the arrest report says. “After a brief struggle,
detective was able to place the subject in custody.”
Masters
was charged with resisting arrest, assault, menacing and disorderly conduct.
Deters
said he will also represent Masters in his criminal trial. A preliminary
hearing in that case is scheduled Feb. 20.