Man files lawsuit after being hit by MPD patrol car - WBRC FOX6 News - Birmingham, AL

Man files lawsuit after being hit by MPD patrol car

Myreico Broaden and Julian McPhillips Myreico Broaden and Julian McPhillips

A Montgomery man is filing a lawsuit against the City of Montgomery following an incident in which he was struck by a police officer's patrol car on Jan. 30. The suit claims 36-year-old Myreico Broaden suffered broken bones and other injuries and that the officer was not justified in using his patrol car as a weapon.

Broaden's attorney, Julian McPhillips, says his client was "just being picked on" and "racially profiled" and that if it was a traffic violation his client was being stopped for, "it was a bogus one."

Now, the attorney is filing suit claiming police brutality, assault, negligence, wantonness, and excessive force, and violations of Alabama law and the 4th and 8th amendments that protect against unreasonable search and seizure and cruel and unusual punishment.

The suit seeks damages of $100,000 from the city and responsible officers and any amount beyond that, as warranted, for federal violations.

McPhillips says his client stopped at the Z-Tech gas station on Highland Avenue and Smythe Street around 1:20 a.m. that Monday to purchase fuel. After leaving the station, Broaden traveled down Chestnut Street, at which point an officer with the Montgomery Police Department attempted a traffic stop.

Initial reports by MPD state that the officer was trying to stop Broaden for a traffic violation, but he fled the scene, eventually bailing from his fleeing car. It was at that point when Broaden was struck by the officer.

McPhillips says his client was not fleeing the scene, simply traveling the four blocks to his fiance's residence where there was better lighting.

"Not everybody that is out at that hour of the night is committing a crime," McPhillips said.

As for fleeing the scene, McPhillips says when his client pulled over and got out, he was "immediately confronted with several officers with their guns drawn, pointed at him, yelling obscenities..." The attorney says his client, "scared for his life," made the decision to run on foot.

Broaden fled to a nearby grassy field where McPhillips says an officer in a patrol unit jumped the curb and ran over him, pinning him beneath the vehicle. McPhillips and his client allege that the officer, who they say is white, got out of his vehicle and told Broaden, "You are a fast N------" and that the officer who started the initial traffic stop said, " It would have been a lot worse had I gotten here first."

McPhillips further alleges the officers tried to cover up their wrongdoings by telling Broaden's fiance that he'd been throwing drugs from his car while evading authorities, a claim the law firm strongly denies.

"You can't even go to the gas station, just something simple without being targeted or people think you're in a gang or stuff like that," Broaden said Monday, adding that he wakes up every night with nightmares.

WSFA 12 News has asked the City of Montgomery and the Montgomery Police Department for a response to the lawsuit, but MPD says that as a matter of policy it does not comment on pending litigation.

The officer was placed on administrative duties, according to an MPD statement the day of the incident. MPD said it requested the investigation be handled by the Alabama Department of Public Safety.

Copyright 2014 WSFA 12 News.  All rights reserved.

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