Aaron Bailey family sues city, IMPD and officers who shot him

The estate of Aaron Bailey is suing the city of Indianapolis, its police department and the two officers who fatally shot the unarmed motorist after a brief pursuit.

The civil lawsuit, filed Wednesday in the U.S. District Court for the Southern District of Indiana, says the shooting by Indianapolis Metropolitan Police Department Officers Carlton Howard and Michal Dinnsen was "objectively and subjectively unreasonable."

It also alleges violations of Bailey's constitutional rights.

"Officer Howard's actions in using excessive force against Mr. Aaron Bailey and violating his bodily integrity shock the conscious and constitute a violation and deprivation of Mr. Bailey's rights under the 14th Amendment of the U.S. Constitution," the 10-page complaint says.

The lawsuit, filed by Bailey family attorney Craig R. Karpe, requests punitive damages and a jury trial.

Bailey, 45, was shot and killed in the early-morning hours of June 29 shortly after a traffic stop. The officers stopped his vehicle about 1:45 a.m. near Burdsal Parkway and East Riverside Drive.

About 10 minutes after the stop, Bailey took off in the vehicle, police said. A police chase ensued and ended moments later when Bailey and his passenger crashed the car near 23rd and Aqueduct streets. The officers approached the vehicle and opened fire.

Authorities have answered few questions about what led up to the shooting while a criminal investigation is underway.

The federal lawsuit cites details unmentioned before, including the following claims:

The officers fired upon Bailey's vehicle without prior verbal command or warning.

At no time after the wreck did Bailey try to exit the car, flee or turn to face the officers.

At no time after the wreck did Bailey have "any communication" with the officers.

At no time did Bailey verbally or physically threaten or harm the officers or anyone else.

The Bailey family, citing an autopsy report, said during an Aug. 10 news conference that Bailey was shot four times in the back. The family said then that nearly a dozen shots were fired.

Autopsy reports are not a public record in Indiana, but are made available to family members.

Authorities have not indicated why the officers initially pulled him over, but according to online court records, a warrant had been issued for his arrest earlier that day because he had violated the terms of his release on a pending Feb. 2 theft charge.

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Indianapolis city attorney Don Morgan told IndyStar on Thursday he preferred not to speak about the case.

"Out of respect for the litigation process, we will not comment," Morgan said.

Calls to the Indianapolis Fraternal Order of Police and IMPD Chief Bryan Roach went unanswered Thursday.

IMPD has asked the Justice Department to conduct its own investigation into the shooting.

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In the aftermath of Bailey's death, Indianapolis Mayor Joe Hogsett announced a slew of changes — such as implicit bias training for officers and a change in the department's use-of-force policies.

Hogsett also vowed that the investigation into Bailey's death would happen expeditiously and with "as much openness and as much transparency as due process will allow."

Some observers, however, are critical of how authorities are handling the aftermath of the Bailey shooting.

Satchuel Cole, vice president of DONT SLEEP, an activist group similar to Black Lives Matter, told IndyStar that police officers need to be outfitted with body cameras to prevent situations like this.

Hogsett did not announce funding for body cameras in Indianapolis' 2018 budget.

"The answer is always time and money," Cole said. "But they're going to pay millions in wrongful death lawsuits.

"When they refuse to do this, they reiterate that black people aren’t worth the cost …they're not worth investing in."

Another rally for Bailey is scheduled for at 4:30 p.m. Sept. 29 outside the City-County Building.

Marion County Prosecutor Terry Curry has appointed a special prosecutor, St. Joseph County Prosecutor Kenneth Cotter, to oversee the criminal case against the officers.

Curry said he wanted to avoid any public perceptions of a conflict while the unrelated case of Jason Dane Brown was underway. The 28-year-old Indianapolis man is accused of fatally shooting Southport Police Lt. Aaron Allan on July 27.

IndyStar reporters Holly Hays and Ryan Martin contributed to this story. Call IndyStar reporter Fatima Hussein at (317) 444-6209. Follow her on Twitter: @fatimathefatima.