Family of "Big Sam" Brown files civil rights lawsuit after Maryland declined to file charges against officer

The family of Samuel "Big Sam" Brown announced Tuesday it is filing a civil rights lawsuit against Baltimore County and the police officer connected with Brown's death.

The announcement came during a press conference called following the decision earlier this month by Maryland's Attorney General not to file charges against the officer, Derek Hadel. 

The conference included attorneys from the firm Murphy, Falcon & Murphy, which is representing the Brown family. It was held outside the Edward A. Garmatz United States District Courthouse in Baltimore.

Malcolm Ruff, a trial lawyer at the firm, said, "We and the family of Samuel Brown are here to announce a federal civil rights lawsuit against Baltimore County, and police officer Derek Hadel, for the killing of Sam Brown."  

Ruff said the incident between Brown and Hadel began with a 911 call. "We're here because someone called 911, they were concerned about Sam -- not because he had done anything criminal, not because he had attacked someone, but because they saw a man sitting in a vehicle for an extended period of time, and called for help."

911 call was for "wellness check"

He added that Officer Hadel was dispatched to the scene to perform a "wellness check," but the situation turned into something else. "The government sent someone to check on Sam Brown, and his well-being. And he ended up dead."

The lawsuit states that Sam was visibly impaired when Hadel arrived on the scene. "He was not operating at his full capacity. And what he needed that night was patience. What he needed was de-escalation. What he needed was help. And instead, officer Hadel punched him twice in the head. And 11 days later, Sam Brown was dead."

Ruff said, "And so today, his family begins the formal process of demanding accountability."

"We know that police restraint is possible. We know that deescalation is possible. We know that patience is possible. Because we've seen law enforcement officers across this country exhibit that restraint, which is required by police standards."

Attorney General Anthony G. Brown announced Aug.13 that the Baltimore County police officer would not face criminal charges in connection with the death of 56-year-old Brown. 

The officer, Derek Hadel, was placed on administrative leave following the Feb. 16 encounter at a Woodlawn intersection. Brown died at a hospital nearly two weeks later on Feb. 27. The State's Medical Examiner's Office ruled the manner of death a homicide in March.

Body cam footage showed incident

The Maryland Attorney General's Office released the police-worn camera footage in March.

Investigators said the Baltimore County officer found Brown asleep behind the wheel at a stoplight in the area of Whitehead Court and Security Boulevard in Woodlawn around 3:30 a.m. on Feb. 16.   

The video shows Brown getting out of his vehicle during a conversation with the officer. The video then shows Officer Hadel pushing Brown back two times.

A verbal altercation continues, and Brown is then seen shoving the officer's hands down. 

Officer Hadel is then seen throwing two punches, and Brown falls back and hits his head on the concrete. The Attorney General's report said Officer Hadel requested emergency medical services (EMS) and rendered medical aid to Brown until EMS arrived to transport him to the hospital.

A statement issued by Attorney General Anthony G. Brown concluded by saying that "after completing its investigation and evaluating all the available evidence, the Office of the Attorney General has determined that the subject officer did not commit a crime under Maryland law."  

Why no charges?

In their report, investigators for the Maryland Attorney General wrote, "There is insufficient evidence to prove the officer in this case intended to use force that exceeded what was necessary and proportional to protect himself."

The investigators determined Brown was so close to the officer that using pepper spray or a Taser to de-escalate "would have been unadvisable."

They noted the officer did lightly push Brown and give verbal commands.

The report stated, "Mr. Brown's refusal to comply with law-enforcement commands, his continued approach towards the officer, and his multiple slaps at the officer's hand presented an imminent threat to the officer's safety."

The attorney general's report said, "The evidence here is insufficient to defeat a claim that the subject officer acted in self-defense. Specifically, we cannot prove that it was unreasonable for the subject officer to believe that Mr. Brown posed an ongoing threat to his safety, as Mr. Brown had defied commands, confronted the subject officer, and twice slapped at the officer's hand. 

"With these facts—and evidence that Officer Hadel acted in accordance with his BCPD training on defensive tactics—we cannot prove that the use of force demonstrated a reckless disregard for Mr. Brown's life. Nor can we prove, considering Mr. Brown's proximity and assaultive conduct, that the use of force was more than reasonably necessary to stop the threat presented."