Kin allowed to refile suit on shooting at later date

The family of William Collin Spradling, a 25-year-old Sherwood man who was fatally shot by Little Rock police July 16, 2008, was granted permission Thursday to withdraw a pending federal lawsuit over the shooting for the time being.

The lawsuit was filed Nov. 5, 2012, and accuses Little Rock police detectives of using excessive force when at least three officers fired at Spradling outside his girlfriend’s house at 621 Gillette Drive in the Leawood subdivision. The officers, who were exonerated by an internal police investigation, said they went to question Spradling about a burglary the previous day, in which he was a suspect, and fired at him after he pointed a gun at them.

On April 1, the family asked a federal judge to dismiss the case without prejudice, which would allow them to refile it at a later date. Attorney Mike Laux of Chicago said he intends to refile the case after gathering additional information.

The Little Rock city attorney’s office opposed the temporary dismissal, arguing that the judge should first let the city file a motion to dismiss the case altogether to avoid repetitive efforts in the event the case is refiled. The city noted that it has already undertaken a “monumental effort” to defend the officers and wants the case “finally resolved.”

U.S. District Judge James Moody Jr. said in an order issued Thursday that it is the general practice of federal courts to permit voluntary dismissals of lawsuits unless doing so will harm the defendant beyond the prospect of facing a second lawsuit.

Moody warned the plaintiffs, however, that if the case is refiled, they may be required to pay fees and costs for any duplicate efforts undertaken by the defense.

The officers named in the lawsuit are Clay Hastings, who has since left the department and moved to Iowa; Michael Ford; and Frederick “Steve” Woodall.

Laux is also representing the families of two other people fatally shot by Little Rock police. One of the cases, which stems from the November 2009 fatal shooting of Landris Hawkins, 28, is scheduled for trial in October. The other, which stems from the December 2010 shooting death of 67-year-old Eugene Ellison by off-duty officers working as security guards at his apartment complex, is on hold while the officers appeal a pretrial ruling denying them immunity.

Arkansas, Pages 10 on 04/25/2014

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