Man shot by Waterloo Police files lawsuit against city of Waterl - KWWL - Eastern Iowa Breaking News, Weather, Closings

Man shot by Waterloo Police files lawsuit against city of Waterloo

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(KWWL) -

Another lawsuit is filed against the City of Waterloo and Waterloo police officers. It comes following a 2015 officer-involved shooting outside the New World Lounge.

Police say they responded to a fight and tried to stop a man from leaving. The man, Jovan Webb, got into his car and tried to drive out of the parking lot, hitting an officer. Other officers then opened fire on the car, believing the man had a gun in his car. 

27-year-old Javon Webb was shot five times and is still facing charges tied to the case, after officers were cleared of any wrongdoing.

Webb previously filed a lawsuit claiming excessive use of force, which was later dismissed. This week his lawyers filed again, adding other recent cases involving the city, in hopes of strengthening their argument.

In 2016 alone, the city of Waterloo has paid out $2.7 million in settlements of police misconduct. Webb's attorneys are following suit, arguing that the city has failed to properly investigate, punish and discipline police misconduct, one of which being use of excessive force. 

Court documents break down the events of a 2015 officer-involved shooting.

Attorneys representing 29-year-old Jovan Webb name the city of Waterloo, and Waterloo police officers Thomas Frein and Mark Nissen in the lawsuit.

His attorneys argue the shooting of Webb was unjustified, pointing to surveillance video from the night of the shooting at New World Lounge.

In the surveillance video, you see Webb, who was there that night at New World Lounge, leaving the parking lot in his white car. Then you see Officer Mark Nissen chasing after Webb.

A second surveillance camera takes a closer look. In the second video, you see Webb, on the right leaving, while Nissen chases him. Then, you see Webb come to a stop. It's here where the Iowa Division of Criminal Investigations (DCI) say Webb drove toward officer Steven Bose and hit him with his car.

This point of events is where both parties disagree. In this surveillance video, it is unclear what exactly unfolded in these moments. 

The DCI says as Webb was leaving, he hit officer Bose with his car. Webb's attorneys argue Webb stopped when he saw officer Bose jump in front of his car. If you take a second look at the video, the attorneys argue you see a person, who's believed to be officer Bose from the right hand side jump in front of Webb's car.

In the video you see Webb stop, then he steps aside and Webb leaves the parking lot. As Webb leaves, Officer Nissen shoots at his car. What happened up to this point, which was not caught on surveillance camera, is in question.

Webb's attorneys say he began to leave New World when the fight broke out. After he got into his car, Officer Nissen, who was not dressed in his police uniform "knocked on the driver side window with a hard black object." It's here where, according to his attorneys, Webb drove away saying, "escape this attempt to kill him and fearing for his life." His attorneys go on to further argue that Officer Nissen "singled out" Webb because of his race. 

Webb's attorney's also argue Officer Nissen targeted Webb because he's black, pointing to previous city lawsuits naming officer Nissen, noting a pattern of excessive use of force and racist actions.

Webb's attorney, Robert Mongtomery gave KWWL a statement, saying "We look forward to our day in court for a fair and impartial review from the citizens of Waterloo."

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