Family loses lawsuit against three IMPD officers who fatally shot teen

Ryan Martin | IndyStar

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A yearslong legal battle between the family of a teenager and the police officers who fatally shot him in 2015 has ended in the police department's favor before trial.

That shooting happened more than four years ago — Aug. 9, 2015 — near Emerson Avenue and East 32nd Street on the east side. Several officers had been following a stolen Nissan Altima driven by 15-year-old Andre Green and a suspect.

Police had heard of an armed carjacking and that a suspect fired four shots at a group of people.

During the chase, Green pulled the stolen car into a dead-end street. Five officers arranged their cars in such a way to prevent Green's escape. Green turned the stolen car around, IMPD said, and drove toward the patrol cars.

What happened next is in dispute.

Green's family said the teen slowly drove the stolen car into one of the patrol cars, striking it once.

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IMPD said Green drove into one patrol car, backed up into another and then began accelerating into the first patrol car a second time.

Either way, three officers then opened fire on the moving vehicle. They later said they feared Green would ram one of the officers. Adam Mengerink fired eight shots; Marc Klonne fired five; and Vincent Stewart fired seven.

Green opened the stolen car's door and fell to the ground. IMPD said officers found a handgun at the scene.

Green's family filed its lawsuit against IMPD in U.S. District Court for the Southern District of Indiana in August 2017, claiming the officers used excessive force and violated Green's constitutional rights.

Last October, city attorneys sought a summary judgment in court, arguing that the police officers were shielded under a legal doctrine known as qualified immunity — which typically protects police officers acting in their official capacities from such lawsuits.

The city also argued that it was not liable for any potential harm.

U.S. District Court Judge Patrick Hanlon ruled in favor of the city and police officers this month. His order said Green's family failed to prove that the officers were not acting reasonably when they used force.

"Mr. Green was suspected of having committed an armed carjacking with shots fired. And once blockaded on a dead-end street, he tried to escape instead of stopping the Nissan or surrendering to officers," Hanlon said in his order. "Based on these facts, the officers reasonably recognized that Mr. Green presented serious danger."

His order ends the lawsuit prior to trial.

"There are no winners when an officer is forced to use deadly force," said John Kautzman, an attorney representing the officers. "However we appreciate the court's careful analysis and its conclusion that the officers acted reasonably based upon the circumstances."

IMPD Chief Bryan Roach deferred any comment to city attorneys. A phone call to city attorney Andrew Upchurch was not returned Monday.

Trent A. McCain, a lawyer for Green's family, said they are deciding whether to pursue an appeal in the coming weeks.

The shooting of Green came in 2015, a year that saw IMPD shoot and kill nine people — more than officers in New York City, Chicago or Dallas that year.

Since 2017 under Roach, though, the number of fatal shootings in Indianapolis has dropped dramatically. A recent IndyStar analysis found that IMPD has been involved in the fewest police shootings among the largest 20 U.S. cities.

The most recent fatal shooting came in August. Deshon Downing, 45, died at a traffic stop after police said he raised a handgun at an officer. That case is still under review.

Contact IndyStar reporter Ryan Martin at 317-444-6294 or ryan.martin@indystar.com. Follow him on Facebook or Twitter: @ryanmartin