City, officers ask for excessive force lawsuit to be dropped
HUNTSVILLE, Ala. – Two Huntsville police officers sued in federal court for excessive force and false arrest are trying to have the case against them dropped.
Attorneys for the city of Huntsville and Huntsville Police Department officers William Hall and Keith Wooden filed a motion to dismiss the case of Hilton Germany and his mother, Jonnie Bey.
In the motion, the city and the two officers claim the complaint constitutes a “shotgun pleading,” meaning it doesn’t specify which specific defendants face particular charges in the case.
Hilton claims he was assaulted by police at his home in October 2016 when he called them to the home during a domestic dispute with his wife.
In the complaint, Hilton claims he told officers to leave when they declined to remove his wife from their home. Officers began questioning him, followed him into the home and assaulted him, choking him and spraying him with pepper spray, according to the complaint.
Germany was arrested and charged with disorderly conduct and resisting arrest, but the charges were later dismissed.
The city has also asked that three unnamed defendants in the lawsuit be dropped, claiming they are fictitious parties. Germany’s attorneys maintain that they are not fictitious parties, but rather fictitious names assigned to unknown officers who were at the home the night of the confrontation.
The complaint seeks a trial by jury.