INDIANAPOLIS — Parts of a lawsuit filed by the mother of Dreasjon Reed, a man fatally shot by IMPD Officer De'Joure Mercer in May 2020, can move forward.
That's according to a ruling issued Thursday by U.S. District Court Judge Jane Magnus-Stinson.
Demetree Wynn, the mother of 21-year-old Reed, is suing the City of Indianapolis, IMPD Police Chief Randal Taylor, Deputy Police Chief Kendale Adams and Officer Mercer in connection with the shooting.
Reed was shot following a police pursuit on May 6 on Indianapolis' north side. Reed was streaming live on Facebook as he led police on the chase. The stream continued when Reed exited his vehicle near 62nd Street and Michigan Road.
IMPD says Reed tried to run and the responding officer, later identified as Mercer, deployed a taser, striking him. IMPD reports allege that after being struck with the taser, Reed fired a gun and Mercer returned fire, striking him multiple times. A weapon was found lying next to Reed’s body after the shooting.
The family's and IMPD's accounts of the events that day have differed.
A special prosecutor, Rosemary Khoury, was appointed to investigate the deadly shooting. Then, in late 2020, a grand jury declined to indict Mercer.
Judge Jane Magnus-Stinson has ruled that the following parts of the family's lawsuit may remain, according to the ruling:
- A Fourth Amendment excessive force claim against Officer Mercer related to the use of an ECD (Electronic Control Device)
- The federal inadequate medical care claim against Officer Mercer;
- The claim against the City concerning an alleged policy of excessive force;
- The claim against the City concerning an alleged failure to train;
- The state law wrongful death and NIED (Negligent Infliction of Emotional Distress) claims against Chief Taylor and Deputy Chief Adams
The following parts have been denied as moot, according to the ruling:
- A Fourth Amendment excessive force claim against Officer Mercer related to the shooting;
- The state law battery claim against Officer Mercer;
- The state law battery claim against the City; and
- The state law NIED claim against the City
The case is set for a final pretrial conference on May 26 and for trial on June 20.
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