From [HERE] The children of a black man gunned down by a white police officer in Louisiana's capital sued the city on Tuesday, claiming the shooting fit a pattern of racist behavior and excessive force by its police department.
Attorneys for Alton Sterling's five children filed the wrongful death lawsuit in state court against the city of Baton Rouge, its police department and police chief and the two officers involved in last summer's deadly encounter. Officer Blane Salamoni shot Sterling six times during a struggle outside a convenience store where the 37-year-old black man was selling homemade CDs.
On July 5, 2016, Sterling, a 37-year-old black man, was shot several times at close range while held down on the ground by two white Baton Rouge Police Department officers, Howie Lake II and Blane Salamoni, in Baton Rouge, Louisiana.[3] Police were responding to a report that a man in a red shirt was selling CDs, and that he had used a gun to threaten a man outside a convenience store.[4] The shooting was recorded by multiple bystanders. A loaded .38 caliber revolver was in Sterling's right front pocket, but it is unclear whether he reached for it
The Justice Department investigated Sterling's shooting and announced last month that it will not file charges against Salamoni or Officer Howie Lake II, who also wrestled Sterling to the ground but didn't fire his gun. Louisiana Attorney General Jeff Landry's office has opened its own review of the case to determine if any state criminal charges are warranted.
The family's lawsuit, which seeks unspecified damages, claims Sterling's shooting was the product of poor training and inadequate police procedures. The suit also cites two instances in which Baton Rouge police officers allegedly sent racist text messages to colleagues, including an apparent slur against people who protested Sterling's death.
"The City of Baton Rouge has a long standing pervasive policy of tolerating racist behavior by some of its officers," the suit says. "There have also been multiple verbal racist comments by officers reported to the department. This tolerance of such behavior directly leads to the mistreatment of individuals of African American descent."
Plaintiffs' attorney L. Chris Stewart said he expects current and former police officers to come forward, testify under oath and back up "everything" alleged in the suit.
"This isn't just lawyers talking and arguing. We have talked to officers who have said something is wrong and it must stop," Stewart said.
At 12:35 a.m., at 2112 North Foster Drive, in the parking lot of Triple S Food Mart, Sterling was detained by Baton Rouge Police Department officers. This came after an anonymous caller [white person?] reported that a man was threatening him and waving a handgun while in the process of selling CDs. The caller said he had a red shirt on. Apparently when the man called he was no longer in any danger. So, the white cops were looking for a Black man with a red shirt hanging around the store. The black man had allegedly committed a felony threat and may have been armed (gun possession is legal in Louisiana). [MORE]
When the two officers arrived about 12:35 a.m. at the store the 911 caller was not present. On seeing a black man (Sterling) with a red shirt the cops immediately confronted Mr. Sterling and ordered him to stop and answer questions. Sterling stopped. At that time he was not free to go which means he was legally detained or seized [within the meaning of the 4th Amendment]. The Supreme Court has specifically said that an anonymous tip about alleged gun possession by itself will not justify a stop and frisk. [MORE].
Here, the police acted on the basis of an anonymous complaint who had no personal face to face contact with police. Cops had no basis to know whether the information was reliable or honest. Prior to engaging Sterling, the cops did not talk to anyone else on the scene, such as the store manager (the owner of the store had no knowledge of an argument outside his store that led to the initial 911 call.). The cops had no idea of whether anyone else had heard the alleged threats or had seen a gun. They also had no information about the gun to know whether the caller saw an actual gun or just heard a threat about a gun.
Upon approach the cops did not see a firearm or a bulge in the pants and Sterling did not make any unsual or threatening moves. Importantly, no emergency was going on; as the victim was not present and Sterling was not engaged in criminal activity when cops arrived. Apparently when the police approached Sterling he did not run, back up or hide anything. In other words there was no consciousness of guilt. The cops also did not witness any predictive conduct based on information the caller provided - that is, apparently the police did not see Sterling actually selling any CD's or arguing with anyone.
The information that was corroborated involved only innocent conduct - 1) black man - 2) with red shirt - 3) at store. Such information was vague b/c it could fit the description of countless people each and any day. That is, the police had no other details from the anonymous caller such as height, weight, build, complexion, age, hair length, hair style, distinguishing characteristics, etc. At the time of the initial stop by cops, Sterling was not free to go and the cops had no warrant - based on this limited info and all the surrounding circumstances, this initial stop was unlawful within the meaning of the 4th Amendment. [And when the white cop tackled Sterling, he was clearly under arrest. At that point, what crime did the cops observe him commit? - what was he under arrest for?] Thus, the stop here was clearly unlawful within the meaning of the 4th Amendment as it is applied to white folks. [MORE]
The officers tased Sterling for resisting several times, then forced the heavy-set man to the hood of a sedan and then to the ground. Sterling was pinned to the ground by both officers; one kneeling on his chest and the other on his thigh, both attempting to control his arms.
One officer exclaimed, "He's got a gun! Gun!" One of the officers yelled, "If you fucking move, I swear to God!" Then Salamoni was heard on the video saying, "Lake, he's going for the gun!" One of the officers aimed his gun at Sterling's body, then three gunshots were heard. The camera panned away just before the camera panned back and three more gunshots were heard. The police officer sitting on Sterling's chest was not in the picture and the other officer who drew the gun, was about 3 feet (0.91 m) away. His gun was pointed on Sterling, who had a gunshot wound in his chest. The officers retrieved a loaded .38 caliber revolver from Sterling's pocket. The officers then radioed for Emergency Medical Services.
According to Parish Coroner William Clark of East Baton Rouge, a preliminary autopsy, on July 5, indicated that Sterling had died from multiple gunshot wounds to his chest and back.
Multiple bystanders' cell phones captured videos of the shooting as well as store surveillance cameras and officer body cameras. One of the bystander's videos was filmed by a group called "Stop the Killing," which listens to police scanners and films crimes in progress. They also listen to police interactions in an effort to reduce violence in the community. A second video was made available the day after the shooting by the store owner and eyewitness, Abdullah Muflahi. In a statement to NBC News, Muflahi said, "Sterling never wielded the gun or threatened the officers." [MORE]
Two cellphone videos of the July 5 shooting quickly spread on social media, setting off nightly protests. The officers' body cameras and a store surveillance camera also recorded the encounter, but those videos have not been publicly released.
Federal investigators found that Salamoni shot Sterling three times after saying that Sterling was reaching for a gun in his pocket, and fired three more shots into Sterling's back when he began to sit up and move. The officers recovered a loaded revolver from Sterling's pocket.
Sterling was in "agony" for minutes before he died "as a result of the vicious, negligent, and unreasonable fatal actions" of the officers, the family's lawsuit said.
Acting U.S. Attorney Corey Amundson said during a news conference last month that there wasn't enough evidence to prove that Salamoni or Lake acted unreasonably and willfully after they responded to a report of a man with a gun outside the Triple S Food Mart.
The officers told Sterling to put his hands on the hood of a car and struggled with him when he didn't comply, according to Amundson. Lake shocked Sterling with a stun gun before the officers wrestled him to the ground, Amundson said. Lake also is white.
Sterling had a history of "adverse breathing problems and could not lie on his back for any extended period of time," the lawsuit said.