Walton + Brown LLP Files Federal Wrongful Death Lawsuit Against City of Columbus, Ohio and Columbus Police Department On Behalf of the Estate of Joseph L. Givens
For Immediate Release
On May 9, 2016, Attorneys Sean L. Walton and Chanda L. Brown of Walton + Brown, LLP. filed a federal civil rights/wrongful death lawsuit in United States District Court, Southern District of Ohio, against the City of Columbus and Columbus Police Officers Stephen Asch and Kyle Beatty on behalf of the estate of Joseph L. Givens. The lawsuit comes after the May 10, 2014 wrongful shooting and killing of Givens by Officers Asch and Beatty.
In the early morning hours of May 10, 2014, 911 calls came in from residents on Jonathan Dr. concerning a Black man acting erratically and bizarre while running up and down the street. Columbus Police Division Directives outline clear guidelines for dealing with mentally ill individuals. Columbus Police Officers Asch and Beatty failed to respond to Givens’ mental health crisis with the duty owed to him and clearly established by guidelines set within the Columbus Police Department.
Officers Asch and Beatty acted unreasonably, negligently, recklessly, wantonly, willfully, knowingly, intentionally and with deliberate indifference to the safety and rights of Joseph L. Givens when they confronted him in a terrifying manner, used deadly force on him, and violated his constitutional rights on May 10, 2014. The City of Columbus policies, patterns, practices and customs regarding the use of deadly force against minorities and mentally ill individuals were the moving force behind the civil rights violations and proximately caused Joseph Givens’ suffering and death.
“The City of Columbus and the Columbus Police Department have a policy, practice and custom of failing to adequately investigate and discipline officers who use excessive force on citizens. The knowledge that there will be a code of silence and shield of protection amongst officers internally, from the top of the hierarchy on down, has created a culture of deliberate indifference towards the lives of those they have sworn to protect. Minorities and the mentally ill in particular, have long been victims of abuses by these Columbus police officers. No longer can we allow these injustices to go on without anyone being held accountable.” – Attorney Sean L. Walton, Jr.
Officers Asch and Beatty have a long history of excessive force complaints, none of which were adequately investigated by the Columbus Police Department. Officer Asch specifically, was denied employment as a police officer no less than six times by five different law enforcement agencies, including the Columbus Police Department, before he was negligently hired as a Columbus Police Department on December 7, 2007. In addition to his excessive force complaints, Officer Asch was involved in the shooting and killing of Steven Derifield on July 2, 2011.
In negligently hiring, supervising, and retaining Officer Asch, the policymakers and those responsible for the training and supervision of police officers within the City of Columbus acted negligently, recklessly, intentionally, willfully, wantonly, knowingly and with deliberate indifference to the serious safety needs of the citizens of Columbus, including Joseph Givens. This is in line with a long history of negligently hiring, supervising, and retaining police officers in the City of Columbus, and failing to investigate complaints of wrongdoing.
“Years of poor leadership and a police culture of ‘shoot first and ask questions later’ have led to the deaths and serious injuries of numerous victims at the hands of those charged to protect them. Our lawsuit seeks a small amount of justice for Mr. Givens and we strive to bring attention to those like him who have suffered. The senseless and preventable killings need to stop. Deadly force should be a last resort in cases like this, not the immediate and first response." - Attorney Chanda L. Brown
The lawsuit brings federal civil rights and state law actions to secure fair compensation for the children of Joseph L. Givens and help end the civil rights violations carried out by Columbus Police Officers against members of the community.
About Walton + Brown LLP.
Walton + Brown, LLP takes pride in having a successful civil rights and personal injury practice, unafraid to step into a courtroom and litigate cases to the fullest extent necessary. With over 430 lawsuits filed and over $13 million in settlements or verdicts won for our clients, Sean and Chanda bring a record of success. Sean and Chanda have been awarded Top 100 and Top 40 Under 40 designations as trial attorneys. This includes many areas of serious personal injury litigation, including auto, trucking, bus and motorcycle accidents, wrongful death, medical malpractice, products liability, premises liability and other instances where someone has been injured due to the actions or negligence of another.
Based in Columbus, the firm handles cases throughout the country.
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(614) 636-3476
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