The mother and children of the brick-wielding man who was shot and killed by police last month are suing a Cincinnati officer - and his bosses - for $5 million.
Doris Floyd, mother of Lorenzo Collins and grandmother of his three children, filed a complaint for wrongful death and violation of civil rights on Wednesday in Hamilton County Common Pleas Court.
The complaint stems from the Feb. 23 shooting of Mr. Collins, who died five days later.
One Cincinnati officer and one University of Cincinnati officer fired a total of four shots at Mr. Collins, who police say was threatening the officers with a brick.
''When it comes to the civil rights violation, it's not an allegation that he was killed because he's black,'' said Kenneth Lawson, attorney for Ms. Floyd. 'It doesn't matter what color the person was. ... His life was taken without due process.''
Mr. Lawson also said the officers overreacted to the situation.
''Defendant Douglas Depodesta (a Cincinnati officer) saw that Lorenzo Collins was holding one brick with one hand and nothing in the other hand,'' Mr. Lawson wrote in the lawsuit. ''When ... (he) did not release the brick, (Officer) Depodesta took his gun, pointed it at (him) and shot him to death.
''(He) used excessive force in shooting Lorenzo Collins.''
Also named in the lawsuit are the Cincinnati Police Division and Chief Michael Snowden. The suit accuses them of of failing to properly train officers in dealing with mental patients.
Deputy city solicitor Karl Kadon said the police receive top-notch training.
As soon as he completes his investigation of the case, Mr. Lawson said he plans to file a similar lawsuit against UC Officer John Engel, who also fired at Mr. Collins.
The Hamilton County coroner has not released the results of ballistics tests that would show who fired the three shots that struck Mr. Collins.
Mr. Lawson said he also may sue University Hospital, which had temporary custody of Mr. Collins.
Mr. Collins, 25, of Avondale, had been taken to the hospital Feb. 22 by Springdale police for psychiatric evaluation.
Officers had been questioning Mr. Collins about a shoplifting case when his behavior turned erratic, police said.
The next day, Mr. Collins escaped. He was pursued by city and university officers, who surrounded him in a fenced yard in Corryville. They sprayed Mr. Collins with a chemical irritant and ordered him to drop the brick, but he continued to advance, police said.
Cincinnati police's homicide unit and internal investigations section are investigating, as well as the city's independent Office of Contract Compliance and Investigation.
Previous stories
PUNISH POLICE, MARCHERS URGE March 5, 1997
FATAL SHOOTING CONCERNS COMMUNITY March 2, 1997
PROBE: POLICE FIRED FOUR SHOTS AT MAN WITH BRICK Feb. 25, 1997
MAN SHOT BY POLICE AFTER CHASE Feb. 24, 1997
