Trial date set in lawsuit against Booneville, officers

news_court_greenABERDEEN (AP) – A wrongful death lawsuit filed against the city of Booneville and two city police officers has been set for trial in 2015 in U.S. District Court in Aberdeen.

The Daily Corinthian reports that a status conference is scheduled April 1 before U.S. Magistrate David A. Sanders. The trial is now set for Feb. 23, 2015.

The family of David Andrew Curtiss is seeking damages of more than $150,000 for what they argue is the violation of Curtiss’ civil rights through the use of excessive force.

The lawsuit names as defendants the city of Booneville and police officers Rusty McCoy and Brian Mays.

Authorities say Curtiss died April 23, 2012, after being shot during an altercation with officers outside the home of Curtiss’ ex-wife in Booneville. Authorities say the officers were responding to a disturbance call.

A Prentiss County grand jury declined in 2012 to indict the officers in the incident.

The family argues in the lawsuit that Curtiss was unarmed, posed no threat to officers and was complying with officers’ orders when he was shot first with a stun gun and then with a handgun while incapacitated.

The city and the officers have filed a response to the lawsuit denying all claims against them made by the family and also argues the family does not have proper legal standing to file the suit.

U.S. District Judge U.S. District Judge Sharion Aycock has not ruled on the city’s motion to dismiss the lawsuit.