Stories in the news of examples of police brutality and other serious situations are becoming increasingly commonplace. In many situations, some of these stories and up resulting in lawsuits that take place as a form of punishment and compensation for those that feel they were wronged. This past week, a new lawsuit emerged related to an unfortunate situation that took place in Akron, OH (http://fox8.com/2018/05/10/family-of-akron-teen-who-died-in-police-custody-files-civil-lawsuit-against-police-department/).
In August of 2017, Xavier McMullen was arrested with several of his friends and placed in the backseat of a squad car. During the initial arrest, the police officers completed a quick check to make sure that McMullen and his friends did not have any weapons on them. Unfortunately, they did not check hard enough and he actually had a gun in his back pocket. When he was placed in the backseat of the car, he was placed in a certain position that accidentally discharged the weapon. McMullen ended up getting hit in a very serious spot and died shortly after being shot.
At the time of the incident, McMullen was only 17 years old and his family is now looking to file a civil lawsuit against the city of Akron and the police department. The lawsuit was filed in the Summit County Common Pleas Court by a local attorney and is expected to start moving forward very quickly. The situation at the time was heavily covered by the press due to the unusual nature of the situation. While McMullen was shot by his own weapon, there are a variety of odd situations with the case that could make it a very interesting court case.
The primary part of the lawsuit claims that the police officers did not properly search McMullen during the arrest. This then directly led to the gunshot wound and ultimate death of the teen. Another odd thing about the situation was that one of the cameras for the vehicles was not working, which caused the police to lose some very important tape footage that could have been great evidence for the case.
At this point, the police department is not answering any questions about the situation or the case. The police officer that was on the scene was disciplined for not searching the teen properly, but was not fired over the situation. He is also not likely to face criminal charges due to the situation as its not clear that there was any intent.