LR man files suit in ’11 River Market shooting

— A Little Rock man who faced felony charges for shooting into a downtown crowd last year but was found guilty of misdemeanor charges filed a lawsuit Monday against the city, the police chief and the officer who shot him.

Jacobi Malone, 19, was shot four times by Little Rock officer Robert Hinman near the intersection of President Clinton Avenue and Scott Street on July 16, 2011. Last week, a Pulaski County Circuit Court jury found Malone guilty of third-degree battery and assault charges for shooting into a crowd at the intersection and injuring one person. He had faced aggravated assault and first-degree battery charges.

Malone alleges in the lawsuit that Hinman’s actions constituted assault and battery and were unjustified, and the city and Little Rock Police Chief Stuart Thomas have allowed and maintained “a widespread custom of permitting excessive force” — allegations the city denies.

“[Malone] was forced to endure pain and mental suffering; and had to incur medical and legal expenses,” the lawsuit said. Malone, who was paralyzed from the chest down in the shooting, is seeking a jury trial, and compensatory, punitive damages and attorneys fees from the defendants.

The lawsuit further accuses the city and the Police Department of covering up excessive force allegations, performing “meaningless internal investigations” aimed at exonerating the officer involved in the allegations and failing to request timely independent reviews of allegations.

City Attorney Tom Carpenter said he does not agree with the lawsuit’s allegations, citing the department’s “very detailed” investigations into any event where an officer uses deadly force. Some officers have been fired because of their actions, he said.

Of the claim the city and department have permitted excessive force, Carpenter said he found “nothing to justify that allegation.”

Beyond that, Carpenter said he has no further comment.

Police spokesman Sgt. Cassandra Davis said the department does not comment on pending litigation.

Arkansas, Pages 11 on 07/18/2012

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