Trial Magazine

On the morning of Feb. 8, 2016, a 911 dispatcher called the Austin Police Department to report a disturbance at an apartment complex. The dispatcher told police that no weapons were involved and that nobody was hurt.

Officer Geoffrey Freeman responded to the call. As Freeman was driving through the neighboring streets searching for the suspect, he encountered 17-year-old David Joseph, an African-American teen who was walking, naked and unarmed, down the middle of the street. As Joseph neared the cruiser, he began running. Freeman reportedly called out several times for Joseph to stop. Freeman then fired twice, striking Joseph in the chest and leg. Joseph died at the scene.

Freeman was later fired from the department.

Joseph’s mother sued Freeman and the city of Austin under 42 U.S.C. §1983, alleging that Freeman, without justification, had used excessive, deadly force on her son who was unarmed and apparently in the midst of a mental health episode. The plaintiff alleged that Freeman had various non-lethal methods at his disposal to stop Joseph and did not have to resort to lethal force, given that Joseph was unarmed, that he did not pose an imminent threat, and that Freeman outweighed him by nearly 100 pounds.

The plaintiff also alleged that the city engaged in a pattern and practice of encouraging the use of lethal force when it was not justified. The plaintiff asserted that the police department had failed to properly train officers on the use of alternatives to deadly force and instead trained them to use such force in similar situations rather than taking cover.

The plaintiff further alleged that the police department disproportionately used lethal force against African-American suspects and other people of color. She was prepared to present evidence of multiple prior ­incidents in which the police had used lethal force against unarmed ­African-American suspects.

Finally, the plaintiff claimed that the chief of police had received numerous complaints that the department was understaffed and was aware that the understaffing—including sending out officers without partners or adequate backup—could place them in situations that could cause constitutional violations.

The plaintiff sought noneconomic damages for her pain and suffering and loss of companionship.

The parties reportedly settled for $3.25 million, paid by the city.

Citation: Sully v. Freeman, No. 1:16-cv-00818 (W.D. Tex. Feb. 16, 2017).

Plaintiff counsel: Jeffrey S. Edwards, Scott Medlock, and David James, all of Austin, Texas.

Plaintiff experts: Jeffrey Noble, police practices and procedures, Irvine, Calif.; and David Felton, psychiatry, Austin.