The Estate of Henry Green V Files Wrongful Death Lawsuit

FOR IMMEDIATE RELEASE

JUNE 1, 2017 - COLUMBUS, OHIO: The family of Henry Green V, a 23-year-old African-American man who was gunned down by Columbus Police Officers Jason Bare and Zachary Rosen, has filed a wrongful death lawsuit against the City of Columbus, Columbus Division of Police, Chief Kim Jacobs, and Officers Jason Bare and Zachary Rosen. The lawsuit also includes Sergeant Eric Pilya and Commander Gary Cameron as Defendants. The lawsuit, filed jointly by the law firms of Walton + Brown, LLP and Bey & Associates, LLC. (an Atlanta, Georgia civil rights firm), alleges wrongful death, excessive force, unreasonable seizure, racial discrimination, assault and battery and constitutional violations by City of Columbus, Ohio officials that led to Henry’s death on June 6, 2016. Henry was shot eight times by Officers Bare and Rosen, who were working in plainclothes and in an unmarked SUV as a part of the City of Columbus’ Summer Strike Force.

The lawsuit alleges that City of Columbus, Ohio officials have engaged in policies, practices and customs that have been the subject of civil rights investigations, previous lawsuits and have been well-known within the Columbus community for many years. These policies, practices and customs have been perpetuated by the line officers, including Officers Bare and Rosen, Chief Kim Jacobs, policymakers and those responsible for hiring, training and supervising police officers within the City of Columbus who have acted negligently, recklessly, intentionally, knowingly and with deliberate indifference to the serious safety needs of citizens of Columbus, including Henry Green.

The lawsuit alleges that these wrongful policies, practices and customs have demonstrated a deliberate indifference on the part of policymakers of the City of Columbus to the constitutional rights of persons within the city. The lawsuit not only focuses on the actions of Officers Bare and Rosen on June 6, 2016, but also cites the negligent hiring, supervision and retention of the officers, the failure to discipline the officers, and their pattern of unbridled aggression and untruthfulness. The lawsuit also alleges that the City of Columbus maintained, enforced, tolerated permitted, acquiesced in, and applied policies, practices, or customs and usages of, among other things:

• - Training and authorizing Columbus Division of Police Officers to act recklessly and aggressively with regard to the use of force on citizens;
  
• - Hiring, retaining and assigning officers with demonstrably unreasonable decision-making patterns and patterns of misconduct;
  
• - Allowing officers to violate the constitutional rights of citizens and take other unlawful action against citizens;
  
• - Failing to adequately train officers regarding the use of force and the lethal use of force;
  
• - Failing to adequately train officers on plainclothes tactics and negligently assigning officers to plainclothes duty;
  
• - Failing to adequately supervise officers, permitting unlawful conduct to occur;
  
• - Failing to adequately discipline officers regarding their unlawful conduct;
  
• - Failing to perform drug and alcohol tests on officers after their unlawful conduct;
  
• - Authorizing the Summer Strike Force to continue for years while negligently assigning, supervising and retaining officers working the program;
  
• - Setting numbers-based goals for the Summer Strike Force which led to unconstitutional and unlawful conduct while pursuing those goals;
  
• - Failing to adequately investigate police-involved shootings, both ratifying and authorizing future behavior;
  
• - Condoning and encouraging officers in the belief that they can violate the constitutional rights of individuals, such as Henry Green V, and that such conduct will not adversely affect their opportunities for promotion and other employment benefits.

The family of Henry Green V strongly believes that the City of Columbus and Columbus Division of Police authorized the Summer Strike Force, and as a matter of policy, authorized the overly aggressive and unlawful conduct of Officers Jason Bare and Zachary Rosen. The inadequate supervision, training and discipline of officers reflects a deliberate indifference to the Fourth and Fourteenth Amendment rights of those likely to be implicated when officers of the Columbus Division of Police come into contact with community residents such as Henry Green V. The lawsuit alleges that the failure to properly investigate the shooting of Henry Green by the Columbus Division of Police’s Critical Incident Response Team, as well as the other police-involved shootings, is a direct violation of the constitutional right to due process and further authorizes unlawful behavior by officers.

“The family was disappointed by the failure of the Franklin County Prosecutor’s Office to indict Officers Bare and Rosen, but understands that the result was due to a lack of desire to indict the officers rather than a lack of evidence. A review of the family’s investigation as well as the Columbus Division of Police investigation into Henry’s death reflects at least eleven witnesses who gave testimony that points to wrongdoing on the part of Offices Bare and Rosen. There is not a single witness who states that they heard the officers identify themselves. There is not a single witness who accuses Henry of pointing his weapon at the officers or firing first. Officers Bare and Rosen could not even say with certainty who fired first.” – Chanda L. Brown, Green Family Attorney

Despite the Columbus Division of Police releasing an initial press release that stated there was a witness who “corroborated the general scenario outlined by police”, there appears to be no such witness.

"The family would like to reiterate their promise to fight for truth and transparency in the killing of their son, brother, nephew, grandson, uncle, cousin, friend and to many now – their angel. The family would like to thank everyone across the country who has said Henry’s name, who will continue to say Henry’s name, and who continues to fight for justice. The family of Henry Green demands justice for all." - N. John Bey, Green Family Attorney

The lawsuit has been filed in the United States District Court for the Southern District of Ohio. The family of Henry Green looks forward to the opportunity to present evidence that is not slanted in favor of the Columbus Division of Police. The countless witnesses who spoke out against the injustice that Henry suffered deserve an opportunity to have their voices heard, rather than have their witness accounts mischaracterized. 

“There is not a single witness who corroborates the officers’ version of events besides Officer Bare and Rosen themselves. Henry Green deserved better. He was a victim of reckless officers carrying out reckless policies of the City of Columbus and Columbus Division of Police. Reckless officers who initiated an unnecessary shootout in a targeted community while children were outside at play. Henry was committing no crime and there is not a single witness who accuses him of any wrongdoing prior to Officers Bare and Rosen pulling up to him with their guns pointed at him. He had no time to react that day and had no idea he was being attacked by police officers. He is a victim and we continue to fight to tell his story, a story that is unfortunately common to countless others.” – Sean L. Walton, Green Family Attorney

A copy of the lawsuit can be found here. 

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