INDIANAPOLIS, Ind. (Feb. 3, 2016) – A federal judge dismissed a $2.3 million lawsuit filed by a man accused of fatally shooting Indianapolis Metropolitan police officer Perry Renn in 2014.
Major Davis II filed the lawsuit last month, naming Renn, former IMPD Chief Rick Hite, Officer Nicholas Galico and Indianapolis Mayor Joe Hogsett as defendants. In the ruling, the judge said Davis sued each in their “official capacity,” but should have named the “City of Indianapolis and/or IMPD” as the real “party of interest” in the case.
Davis’ “claims for damages against the defendants in their official capacity are dismissed as legally insufficient, because there is no allegation to suggest there is a municipal custom or policy for officers to shoot unarmed individuals,” according to the ruling.
Davis’ lawsuit alleged illegal excessive police force; he claimed he was unarmed when he was shot 11 times on July 5, 2014, by Renn. Police said Davis was armed with a rifle. Davis contended that no crime was committed and the officers had no reason to draw their weapons.
Renn and his partner arrived at the east side location in response to a report of shots fired during a holiday weekend cookout. Davis argued that fireworks added to confusion at the scene.
The ruling said Davis has until Feb. 29, 2016, to file an amended complaint.