The family of ansued the city of Indianola, Mississippi, as well as the police officers they allege are responsible in a $5 million lawsuit filed in federal court on Tuesday.
Court documents filed in the U.S. District Court for the Northern District of Mississippi said the boy, Aderrien Murry, was turning the corner of his home's hallway when he was "instantly shot" by Greg Capers, one of the responding officers, after police were called to the family home at about 4 a.m. on May 20 to investigate reports of a domestic disturbance.
Aderrien's mother, Nakala Murry, told CBS News that she gave her cell phone to her son and asked him to call her mother and the police after her daughter's father knocked on the door and "stated he was irate."
"He was trying to help protect his mom," the family's lawyer, Carlos Moore, said, adding that Aderrien told the 911 dispatcher that the man did not have a gun and there were children in the home.
Law enforcement didn't "assess the situation" properly before discharging the firearm, court documents said. Murry suffered extensive injuries as a result of the gunshot, including a collapsed lung, lacerated liver and fractured ribs, the lawsuit said.
The lawsuit alleges that numerous complaints have been made against Capers for the use of excessive force and abuse and that the plaintiffs will show an established pattern.
In addition to Capers, the lawsuit names Police Chief Ronald Sampson and five other unnamed police officers. Requests for comment from Indianola Mayor Ken Featherstone and Indianola Police spokesperson Kedric Wash were not immediately responded to.
The Mississippi Bureau of Information told CBS News last week that this is an open and active investigation and that no further comment will be made.
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