Federal lawsuit seeks damages in Booneville shooting death

By Patsy R. Brumfield

Daily Journal

BOONEVILLE – Four children of a man who died after being shot by a police officer claim they are owed damages from the city of Booneville and various officers.

David Andrew Curtiss’ death occurred after police arrived April 23, 2012, near the Booneville home of his ex-wife, Cheryl G. Curtiss, who reportedly called 911 claiming he was creating a disturbance.

The 34-page amended lawsuit was filed Wednesday in the U.S. District Court by Ashland attorney John Booth Farese on behalf of surviving children, Andrew “Drew” Curtiss, Jesse Don Curtiss, Jordan Tyler Curtiss and Jonah Gaven Curtiss.

Defendants are officers Rusty McCoy and Brian Mays, as well as the city of Booneville and “John Does” 1-10, who represent other possible defendants as yet unnamed.

The lawsuit claims that McCoy shot David Curtiss in the back after Mays used a taser gun on him, then failed to tell emergency personnel that Curtiss was shot by a firearm.

No defendants have responded to the allegations from an original lawsuit filed in July or to this new one.

The Curtiss children seek monetary damages for themselves in their father’s wrongful death and for alleged civil rights violations against him and themselves.

No amount is listed as a demand, but a jury trial is requested.

The case is assigned to District Judge Sharion Aycock and Magistrate Judge David Sanders in Aberdeen.

The city allegedly is liable, the claim states, because it is responsible for training and supervision of law enforcement officers.

All defendants also are accused of a civil conspiracy to carry out illegal acts associated with Curtiss’ death and alleged harm to his children.

The Mississippi Bureau of Investigation studied the case and did not file charges.