Saturday, June 09, 2001
Dayton faces civil rights lawsuit
Family sues over fatal police shooting of black man
The Associated Press
DAYTON, Ohio The grandmother of a black man shot and killed by a white policeman filed a federal civil rights lawsuit against the officer and the city Friday.
The lawsuit was filed in federal court by Mary Craver, who said the shooting of Cleophis Craver of Dayton violated his constitutional right to be free from excessive force.
Officer Mitchell Koogler fatally shot the 20-year-old on May 7 outside an apartment complex on the city's west side. Police said Officer Koogler had been responding to a disturbance in the parking lot, where several people were firing guns.
Officer Koogler told investigators he confronted Mr. Craver, who walked toward him, raised a large handgun and pointed it at the officer. Police officials have said four witnesses verified Officer Koogler's account.
In an affidavit filed with the lawsuit, apartment complex resident Stephany Hayes said she saw Mr. Craver drop to his knees at the officer's order and that Mr. Craver never raised his gun.
On Thursday, a grand jury investigating the shooting cleared Officer Koogler of any criminal wrongdoing. According to the lawsuit, Ms. Hayes did not testify before the grand jury.
The lawsuit accuses the city of tolerating the use of excessive force and of failing to properly investigate instances of excessive force.
City Attorney Rita McNeil said the city will vigorously defend itself.
There are several witness statements that indicate he (Craver) did not comply, Ms. McNeil said.
A message seeking comment was left with the police department.
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