Lawsuit against Cedar Rapids and officer claims negligence, reck - KWWL - Eastern Iowa Breaking News, Weather, Closings

Lawsuit against Cedar Rapids and officer claims negligence, recklessness

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A Cedar Rapids man and his wife are suing the city and a police officer for the outcome of a traffic stop on November 1, 2016. 

Officer Lucas Jones pulled over Jerime Mitchell for a traffic stop that night, which lead to a dispute between Jones and Mitchell. 

Jones shot Mitchell, leaving him paralyzed.

Jones, who was acquitted of any wrong doing by a Grand Jury, is now facing a civil suit from Mitchell and his wife. The city of Cedar Rapids is also facing a civil suit. The lawsuit accuses Jones and the city of negligence, reckless willful and wanton, assault and battery, intentional infliction of emotional distress, and loss of consortium. 

The documents show a timeline of events that unfolded that night, the account from dash cam video, and Mitchell's recollection. They also say Mitchell had just gotten off work that night and was on his way to his mother's house to check on her after a recent stroke. 

One the way to his mother's house, Mitchell says that was when he was wrongfully pulled over for a license plate light, which wasn't working. Mitchell says he was being compliant with Jones, handing over his license and registration, but was never told by Jones what he had been pulled over for. 

Mitchell's statement contradicts Linn County Attorney Jeremy Vander Sanden's statement in a previous news conference that Mitchell was profane and aggressive towards Jones. Vander Sanden also says evidence was found later, which indicated that Mitchell was in the progress of making a drug (marijuana) deal. 

Mitchell said he was then asked to exit the vehicle when Jones started placing him under arrest; both actions without justification. Mitchell then began questioning what Jones was doing. Jones says he could smell marijuana coming from Mitchell's car. A pound of marijuana was later found in Mitchell's car. 

In the timeline of the unfolding events that night, Mitchell says Jones at one point had a gun pointed at his head saying, "I'm going to kill you, man." 

Dash cam video shows the two struggling as Jones attempts to make an arrest and eventually releases his K-9 on Mitchell. 

Mitchell said he feared for this life, and tried getting back in his truck to get away from the dog. According to Jones, he feared for his life as well when his arm became lodged in the truck with Mitchell. He then reacted by shooting at Mitchell several times. One of those bullets hit Mitchell in the neck, paralyzing him. 

The lawsuit cited over 20 reasons why Officer Jones and the city were negligent and reckless that night.  

Mitchell is also accusing Jones of intentionally assaulting him with the intent to harm, and acting with 'malice and oppression.'

All of the accused negligence and reckless actions contribute to the intentional infliction of emotional distress, which Mitchell is claiming to have suffered. 

"And I will continue to suffer, physiological harm and mental anguish including fright, shame, mortification, humiliation and embarrassment from the indignity and disgrace of being unlawfully arrested, taken into custody, and otherwise grossly mistreated," Mitchell says in the lawsuit. 

The lawsuit ends with a loss of consortium, saying his wife also endured emotional injuries in the loss of her companionship abilities with her husband. 

Maria Johnson, a communications representative of Cedar Rapids, says city policy doesn't allow them to make a comment during any pending cases, but did confirm that Jones is still on administrative leave with the police department since the initial incident. 

Mitchell and his wife are requesting a jury trial and asking for, at the very least, the minimum jail time and up to the maximum amount of time in the result of someone who is suffering with significant physical, emotional, and permanent injuries.

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