Estate of Gary Harrell files wrongful death lawsuit against Indianapolis, IMPD officer after August

INDIANAPOLIS -- The estate of Gary Harrell has filed a wrongful death lawsuit against the city of Indianapolis after Harrell was shot and killed during a traffic stop involving the Indianapolis Metropolitan Police Department in August 2023.




The lawsuit claims that Douglas Correll, a veteran of IMPD, "used excessive, unreasonable and unnecessary force during his encounter with Gary Harrell, Sr."

According to previous reports, Harrell was shot by Correll during a reported reckless driving traffic stop in the 3400 block of North Parker Avenue on Aug. 3, 2023. In a video released from the incident, Correll shot Harrell after he ran down the street with what appeared to be a firearm in his hand.




The shooting occurred seconds after Correll told Harrell to "stop it, drop it," referring to the object in Harrell's right hand. Previous reports indicate that a five-shot .357 revolver was recovered at the scene.




At the time, officials at the scene did not say if Harrell pointed a gun or fired any shots at Correll. However, the video showed that Harrell did not point a gun or fire any shots at Correll.




In a statement from Harrell's family at the time, they said that he "made a poor choice... it should not have cost him his life."








"What is undisputed from the video is that Gary (Harrell) had his back to Correll as he moved away from him," the statement read at the time. "Gary never assaulted, or even touched, Correll. Officer Correll gave one command-'Stop! Drop it!'-but failed to give Gary any time to comply before gunning him down."




The lawsuit was brought forward in Marion County earlier this month against the city of Indianapolis as well as against Correll in his individual and official capacities. The claims brought forward in the lawsuit include:

• Fourth Amendment - unreasonable seizure - excessive force





• Violation and deprivation of civil rights against Defendants





• Common law assault and battery





• Wrongful death

Overall, the lawsuit alleges that the city of Indianapolis failed to "properly monitor the use of excessive, unreasonable and unnecessary force by its officers," claiming that the department tolerates and has failed to properly review, revise, implement and enforce policies regarding investigations and handling use of force incidents by officers.




The lawsuit also goes on to claim that Correll had been previously accused of using excessive force while working as an officer with the IMPD.




"The facts set out above demonstrate a willful and deliberate indifference to and a willful and deliberate disregard for the serious risk of significant harm to members of the public and a reckless and callous indifference to the Constitutional rights of members of the public on the part of the city of Indianapolis, which led to and caused the death of Gary Harrell, Sr.," the documents said. "Specifically, the city of Indianapolis and its officers have engaged in the practice of regularly using excessive force, resulting in the deprivation of citizens' constitutional rights, injuries to those citizens and the death of several of those citizens."








Harrell's estate is seeking the following damages in this case:

• Compensatory and punitive damages, including
  
  
  
  • All reasonable and necessary medical and hospital expenses
  
  
  
  
  
  • Autopsy expenses
  
  
  
  
  
  • Funeral expenses
  
  
  
  
  
  • Administrative costs and expenses
  
  
  
  
  
  • Loss of love and companionship
  
  
  
  
  
  • Attorney's fees and costs
  
  
  
  
  
  • Reasonable cost of experts
  
  
  
  
  
  • All other damages.
  
  
  
  

IMPD officials confirmed with FOX59/CBS4 that there is a pending lawsuit regarding this case.




"Out of respect for the judicial process, we do not comment on pending litigation," the department said.





via: https://fox59.com/news/indycrime/estate-of-gary-harrell-files-wrongful-death-lawsuit-against-indianapolis-impd-officer-after-august-2023-fatal-shooting/