INDIANAPOLIS — The city of Indianapolis and IMPD are facing another lawsuit alleging excessive use of force by IMPD.
Jermaine Vaughn — who was seen being struck by IMPD Sgt. Eric Huxley on Monument Circle in 2021 — filed the suit against the city, IMPD, Chief Randal Taylor, the City-County Council, Mayor Joe Hogsett, Sgt. Eric Huxley, Sgt. Christopher Kibbey and Officer Matthew Shores.
Kibbey and Shores' body cameras showed the disturbing footage from the Sept. 24, 2021, incident.
They responded to Monument Circle after a call of disorderly conduct. Court documents say Kibbey heard Vaughn, who was homeless, being "loud and disorderly" and asked him to quiet down. When he didn't, Shores arrested him.
While Vaughn was in handcuffs, the lawsuit alleges officers pushed him up the concrete steps on Monument Circle and then pushed him down on the concrete at the plateau of the steps.
Bodycam video shows Shores forcing Vaughn to the ground.
The lawsuit says the officers proceeded to "forcibly" pin Vaughn to the ground before Huxley "used excessive and unlawful force when he viciously attacked and kicked" Vaughn.
Bodycam video shows Vaughn on his back with his hands in cuffs when Huxley kicked him in the face, immediately causing his mouth to bleed.
“I thought it was wrong, it was unnecessary. It was unprovoked. It was illegal,” said Robert Turner, Vaughn’s attorney. “I’m not going to do the jury’s job. I’ll let them determine what the motivator was. I think most people who saw it, know that it was wrong.”
Vaughn was arrested and then taken to jail, but did not receive medical treatment following the incident.
He was also charged, but the charges were dropped less than a month later.
Huxley was charged with official misconduct of a public servant and battery resulting in moderate bodily injury. He has also been federally charged for deprivation of rights under color of law. Both cases are ongoing.
The lawsuit says that as a result of the arrest and attack, Vaughn suffered "extensive physical injuries, mental anguish, medical expenses, damage to his reputation, future medical expenses, and other damages."
The lawsuit also alleges that the battery was intentional and that the officers involved treated Vaughn in a "rude, insolent, and angry manner outside the bounds of proper law enforcement." And, it accuses city leaders of "gross negligence."
The lawsuit seeks punitive, monetary and other damages in an amount to be determined at trial. Vaughn is also requesting legal fees be covered.
“We don’t want to provoke any hostility, but we do want to provoke change," Turner said.
Several lawsuits for the city
This is the latest of several ongoing lawsuits against the city or IMPD having to do with excessive use of force.
Almost exactly a year after Vaughn was beaten, two officers sued IMPD for retaliation after reporting Huxley for excessive use of force.
The family of Herman Whitfield III filed a federal wrongful death lawsuit against the city of Indianapolis and six IMPD officers in June 2022.
The family fought for nearly a year to get the full bodycam video of their son's death publicly released and the lawsuit is ongoing.
Attorneys for 24-year-old Anthony Maclin, who was shot by officers while he was in a car parked in his grandmother's driveway, sent a tort claim notice to Indianapolis leaders on Feb. 6, 2023.
The tort, which means they are considering suing, went to Mayor Joe Hogsett, IMPD Chief Randal Taylor, and IMPD officers Carl Chandler, Lucas Riley, and Alexander Gregory.