BIRMINGHAM, Alabama – A trial begins Monday in a federal lawsuit filed by Anthony Warren, a man who claims Birmingham police officers used excessive force to arrest him as he lay unconscious on the ground at the end of a chase.

The chase, including the injury to a Hoover police officer, and Warren's arrest after his vehicle flipped over at the on-ramp to Interstate 459 from U.S. 31 on Jan. 23, 2008, was captured on police cruiser dashboard cameras. The video shows officers striking Warren as he lay on the ground.

The trial is being held before U.S. District Court Judge Virginia Hopkins. Jury selection is set for Monday and opening statements on Tuesday. The trial is expected to last more than a week.

Anthony Warren

Warren, 44, is currently serving a 20-year sentence in state prison related to attempted murder charge in the injury to the Hoover officer.

Originally, the lawsuit named as defendants 12 police officers, including Birmingham Police Chief A.C. Roper, and the cities of Birmingham and Hoover. But in the past several years Birmingham, Hoover, Roper, and Hoover officers were dismissed from the case.

The remaining defendants in the case are: Kenneth Prevo, David Doran, Barrett Dewitt, Thomas Cleveland, Heath Boackle. Birmingham Officer Alvin Fortson was dismissed from the lawsuit by the judge on Sept. 9 with the consent of all parties. The 22-25 minute high speed chase had begun in Birmingham after Fortson had tried to detain and question Warren when he had stopped at a Fountain Heights convenience store.

Fortson had to drop out of the chase before the vehicle Warren was driving flipped over and he was arrested. Warren, the video shows, was ejected from the vehicle as it rolled over and was lying on the ground when officers struck him before he was placed in handcuffs.

The claims remaining against Boackle, Cleveland and Prevo, in their individual capacities, are use of excessive force, outrageous conduct and assault and battery, according to the judge's order. The remaining claims against Dewitt and Doran, in their individual and official capacities, are use of excessive force, assault and battery, failure to intervene, and outrage.

The officers have denied any wrong doing and two of them – Dewitt and Doran – were charged but found not guilty by a jury of criminal charges related to the arrest.

The Jefferson County Personnel Board voted in 2011 to reinstate Doran, Dewitt, and three other officers who were fired in 2009 amid the allegations of excessive force.

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