Birmingham settles police shooting lawsuit after judge reduces jury verdict by $4.5 million

Despite the federal jury Verdict $4.5 millionBirmingham will pay $750,000 to settle a federal lawsuit against an officer who shot and killed two people nearly six years ago after a car chase.

“Regardless of the amount that’s ultimately settled or settled, the important thing is that people should be held accountable,” said Jonathan Austin, the Birmingham attorney who sued the city and the officer. “Our citizens have rights that must be protected. When these rights are violated, there are consequences.”

Last year, a jury in Birmingham awarded $4.5 million after finding that Officer Aric Mitchell used excessive force when he shot Jamarcus Moore, 28, and wounded Samantha Hardin. Body camera footage obtained and published by AL.com after the trial seemed to contradict the police version of what happened on the night of June 15, 2019

After a trial in federal court last year, the city filed an appeal. U.S. District Judge Anna Manasco reduced the total judgment to $2.75 million last August, court records show.

“The Court declines to hold that the unconstitutionality of Officer Mitchell’s conduct was clearly established at the time of the shooting,” Judge Manasco said in the ruling, adding that Mitchell was entitled to qualified immunity.

And last week, the Birmingham City Council voted to pay $750,000 to settle the case and complete the appeals process. The council voted unanimously without debate at its open meeting.

Rick Journey, a city spokesman, declined to comment.

“The case will be closed on all claims/appeals once the parties sign off on everything and submit a stipulation of release,” Austin told AL.com on Monday.

On the night of the shooting, Moore was driving with Hardin from Fairfield to Ensley when they noticed a police officer following them with flashing lights. According to the lawsuit, Moore ran from the officer because he had a warrant for his arrest. State court documents show Moore had warrants for failure to appear in court on charges of drug possession, attempting to elude police and possession of drug paraphernalia.

Bodycam footage from 2019 shows a 20-minute chase that went through Birmingham, Bessemer and Hughtown. A report filed by an Alabama law enforcement agency says that as police were chasing a Toyota Camry on Interstate 59/20, someone fired a machine gun at other vehicles traveling on the highway, not at the police.

The report also notes that no one ever reported being shot at, and that police never identified or located the people who were allegedly shot at.

“Flashes of light consistent with a muzzle flash appear to have been captured by BPD in-vehicle video footage of shots fired by an occupant of a Toyota Camry,” the state’s August 2019 report said.

“Although the shooting from the Toyota Camry was heard and reported by several BPD officers…” the report states, “no information or evidence was found that any person saw or could identify (the eyewitness) which occupant of the Toyota Camry (Moore or Hardin) fired shots.”

According to timestamps on the video, the chase continued for about six more minutes after the shooting was reported before Mitchell’s patrol car crashed into the Camry.

Seconds after crashing into the Camry, Mitchell got out of his car and fired four shots into the driver’s side of the Camry from a few feet away, the video showed.

Mitchell told an internal affairs investigator that he saw Moore reach for a gun. According to state investigation and autopsy reports, police reported finding a handgun on the driver’s side floorboard of the Camry.

Moore, who was driving the Camry, died at the scene on Allison-Bonnet Memorial Road. The officer also hit Hardin and broke her leg.

Hardin and Moore’s sister filed a federal lawsuit in 2021, alleging the officer violated their civil rights. A state police report said the officer fired his gun four times at the Camry.

“It could have ended very differently for Mr. Moore if the police had taken their time and given the opportunity to de-escalate,” Austin told AL.com.

After the jury reviewed body camera video during last year’s trial, Judge Manasco released the footage to AL.com despite objections from city officials and the officer.

She ruled that the public has a right to view the video.

“They are part of the public record in this case and have never been sealed,” Judge Manasco wrote in a ruling last February.

“Our clients want closure, and closure is knowing what happened to them,” Austin told AL.com. “Every family has a right to know what happened to their loved one and you have to take responsibility for that.”