Kristine Guerra

kristine.guerra@indystar.com

Major Davis Jr., the man accused of killing Indianapolis Metropolitan Police Department officer Perry Renn, is suing the late officer for $2.3 million, claiming he used "excessive deadly force" against him.

Davis claims he was unarmed when Renn shot him 11 times, "shooting me in the right cranial, the torso, abdomen and the back." The encounter happened during a backyard party in the 4000 block of Forest Manor Avenue on the city's Eastside on July 5, 2014.

Davis, who is representing himself, filed the federal lawsuit as he awaits trial for murder.

Davis claims he saw Renn and officer Nicholas Gallico, as he was leaving the party with two women and several men. He said he first saw Renn talking to another man who was attending the party. Gallico arrived shortly after and asked to talk to Davis and the two women, who told police "everything is okay here you can leave," according to the complaint.

Davis claims Renn shot him as he was walking in an alley toward his white van. He said he was shot "all at close range while unarmed," according to the complaint. He also said fireworks, which were going off at that time, "added to the confusion."

Prosecutors are seeking the death penalty against Davis, who claims in the lawsuit that there was no evidence he was armed with an AK-47 assault rifle during the encounter with the officers.

Authorities said Davis fired the rifle at Renn, striking him three times. At least six shots were fired from the weapon, according court records. At least 22 came from .40-caliber handguns fired by police.

Renn and Gallico responded to the area just after 9:20 p.m., after receiving a call about a man with a gun and shots being fired, according to court records. Police said Gallico, who arrived first, saw Davis walking toward him with his right hand behind his back, according to court records. Davis refused to show his hands and walked away toward the alley.

Police said that while in the alley, the officers ordered Davis to put down his rifle, which he was pointing toward Renn. Davis fired the first shot, police said, setting off a gun battle that lasted no more than five minutes.

In a 911 call, Davis' girlfriend said, "The police just shot my (expletive) boyfriend" and "They shot each other," documents said.

The five-page complaint was filed Monday in the U.S. District Court for the Southern District of Indiana. The suit also names Gallico, Mayor Joe Hogsett, IMPD and former IMPD Chief Rick Hite as defendants.

Sgt. Kendale Adams, spokesman for IMPD, referred requests for comment to the Office of Corporation Counsel. Justin Paicely, deputy city prosecutor and public access counselor, has not returned an email requesting comment.

Davis' mother, Cynthia Davis, said she will talk to her spiritual adviser before she comments.

Davis "has been and will continue to be irreparably injured by the misconduct of the defendants," according to the complaint. Davis said the injuries resulted in neurological and digestive problems and caused him to be confined in a wheelchair.

The 26-year-old Indianapolis man said "NO CRIME was being committed that the police had to draw a weapon," according to the complaint.

Davis was moved from Marion County Jail to Indiana State Prison in Michigan City last March because of concerns he may have been receiving advice illegally from a clergyman. His court-appointed attorneys asked a judge to move Davis "for safekeeping prior to trial," according to court documents.

Star reporter Jill Disis contributed to this story.

Call Star reporter Kristine Guerra at (317) 444-6209. Follow her on Twitter: @kristine_guerra.

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