[like the 4th Amendment says, If You’re Black You Can Be Stopped Anytime and If You Flee, Cops Can Gun You Down. images blurred by white media to protect the system of racism white supremacy] From [HERE] and [HERE] The family of a teenage boy who was stunned with a Taser twice and who broke his clavicle in a fall while he ran from a police officer two years ago filed a lawsuit against the officer, the Cincinnati Police Department and the city.
The 16-year-old's family is alleging that Officer Kevin Kroger violated the department's use-of-force policy, used excessive force, violated the boy's civil rights and caused him emotional distress. Diondre Lee and Antionette Lee along with their son, now 16, filed a lawsuit in Hamilton County Common Pleas Court. They're seeking $2 million in the lawsuit.
The boy was 14 years old, 5'5" and about 120 pounds on March 2, 2017 when he ran from Officer Kroger. Police reports and police body camera video show Kroger was in a Price Hill apartment complex at about 6:30 p.m. when he spotted "a previously stolen vehicle" that had been used in an attempted shooting earlier that day just a few blocks away. Kroger also spotted "five black male teenagers walking together, one of which matched the description of the suspects from the felonious assault."
Kroger was patting down the 14-year-old — who didn't fit the description of the shooting suspect, but was the first one detained — "for possible weapons" when the boy started running. He later told police he ran because he had marijuana in his pocket. Kroger took off after him, and said he didn't give a verbal warning before using a Taser because he thought the teen might have a weapon and he didn't want to give the boy "time to react."
The 14-year-old "fell hard on the pavement" after being hit with the Taser, breaking his collar bone, according to the lawsuit.
"Yeah, he bounced," Kroger said on police body camera. "He hit real hard."
Kroger used his Taser on the boy a second time, while the teen already "was on the ground and writhing in pain," and "without reasonable provocation or threat of harm." Kroger never told the teen to stop, the suit states. The cop also threatened to use it two more times while he was handcuffed, according to the lawsuit.
Cincinnati police policy says officers should give warning before using their Tasers whenever possible. The policy also states that fleeing alone is not enough justification to use a Taser.
Before the incident, the boy played football, basketball and baseball, but has since stopped playing sports because of residual pain and a hit to his confidence caused by the injury, according to the lawsuit. It also states that he suffers from PTSD and anxiety associated with adult authority figures.
Lee's attorney said the then 14-year-old was not armed and never posed a threat to police.
"They certainly were looking for a suspect related to a stolen car, but my client did not in any way meet the description of that suspect," Cummings said.
"Number one, he never told my client to stop when he had ample opportunity to tell my client to stop. Number two, he Tased him from behind. My client fled from him. He was afraid of Officer Kroger. We don't think it's reasonable that Officer Kroger believed, truly, that he was in danger of his life or harm," Cummings said. [MORE]
"Suspect or not, he’s still a human being," the boy's father, Diondre Lee, told WCPO in December. "The professionalism is out the door. And it’s evident. It’s on tape. How do they justify that? They got body cams on and they’re still carrying on like this. They don’t care. How do we tell our children not to be afraid of these people behind the badges, acting the way they’re acting?"
Cincinnati's police union president Dan Hils told The Enquirer Kroger was cleared of wrongdoing by an internal investigation, the police administration and the Citizen Complaint Authority.
Hils said in a Facebook post the teen had been in a stolen car, had drugs in his possession and refused to stop for police [therefore, like the Constitution says, he lost all his rights] "It was a legitimate use of force," Hils said. "This lawsuit is outrageous." [facism is here] The union will provide legal counsel to defend Kroger in the lawsuit. "I consider him possibly the best street policeman I've ever had work for me," Hils said.
"You researched dozens and dozens of uses of force looking for something to sensationalize and now the taxpayers will have to defend a bull crap lawsuit," Hils wrote criticizing a WCPO reporter on Facebook Tuesday.
In October, Black cop Kevin Brown was given a seven-day suspension after he used a taser to stop an 11-year-old girl who fled after she was caught allegedly shoplifting. The City of Cincinnati also agreed to pay the family of that girl $220,000.
In that case, internal reviews of the incident did not clear Brown of wrongdoing. Federal authorities are also now investigating whether Brown violated the girl's civil rights.