Mark Walker

Argus Leader

The family of a Mitchell man killed during a struggle with a Mitchell police officer filed a federal lawsuit Friday against the city of Mitchell, the police department and the officer.

The lawsuit, filed on behalf of the estate of the Curtis James Meyer by his mother, Hon Kasselder, requests a jury trial against the defendants seeking unspecific damages.

A Mitchell police officer responded to the call Sept. 4, 2015, at a home in the 500 block of North Mentzer Street for a noise complaint, according to the lawsuit.

Officer Russell Stevenson, who is no longer with the Mitchell Police Department, encountered Meyer, who was sitting on the ground in the alley near the home.

MORE ON OFFICER-INVOLVED SHOOTINGS

AG: Armed man dies after struggle with cop

Fatal shooting of man with own gun justified, state says

Investigation: officer-involved shootings in South Dakota

The officer was wearing an inactive body camera. As he walked closer to Meyer, he thought he saw a handgun between Meyer's legs.

When asked what the item was, Meyer replied: “my 45.” Meyer then lifted the item, which was later identified as a gun he lawfully possessed. The complaint says that Meyer did not threaten the officer with the gun.

Stevenson lunged and grabbed the gun with both hands to try to wrench it away from Meyer, who remained seated on the ground. Stevenson said when he grabbed the gun with both hands Meyer still had a hand on it and then was ordered to release it.

The officer pulled the trigger of Meyer's gun amid the struggle,shooting Meyer in the neck. Meyer died before he could be taken the hospital.

The lawsuit alleges that Meyer’s civil rights were violated by the officer, the Mitchell Police Department and the city of Mitchell. It also has filed claims of false imprisonment under state law and assault under state law against Stevenson.

Attorney General Marty Jackley and the Division of Criminal Investigation reviewed the shooting and ruled it was justified.

Sioux Falls attorney Rick Ramstad has tried several excessive force cases involving law enforcement authorities in federal court.

Ramstad said standard in these excessive force cases involving law enforcement authorities is being able to prove whether or not there were other reasonable alternatives an officer could have used during the incident.

“They are incredibly difficult to prevail in because the jurors are very reluctant to hold officers accountable,” Ramstad said. “I’ve tried several of them and jurors have not me damages in any of them and they are rarely settled.”

Ramstad said he isn’t familiar with any other federal lawsuits that have been filed against a law enforcement agency after an officer-involved shooting.

Stephanie Pochop, the attorney who is representing Meyer's estate, declined to comment citing pending litigation. Pochop said Meyer's mother also did not want to comment.

The Mitchell Police Department also declined to comment citing pending litigation.

Contact criminal justice watchdog reporter Mark Walker at 605-331-2333, mwalker@argusleader.com or @ArgusMWalker.