The man had his hands up in the air when he was shot by East Cleveland officers in 2022.
CLEVELAND, Ohio - The city of East Cleveland is asking a federal judge to dismiss a lawsuit filed by a man who was shot by one of its police officers in 2022.
While the city admitted in its response that “Officer Andrew Majercik’s gun went off and a bullet grazed Mr. Banks’ left leg,” East Cleveland law director Willa Hemmons states the allegations made by Banks “are insufficient to defeat the grant of immunity provided a political subdivision and its employees.”
Records from East Cleveland police state officers checked the vehicle’s registration when they arrived on scene and discovered the vehicle was stolen, prompting officers to “take tactical positions behind the drivers door of their police units.” Video shows the officer order Banks to turn around, walk backwards, and then drop to his knees, which Banks does while still keeping his hands raised.Records show a bullet had grazed Banks, “striking him in the left leg at his calf muscle,” according to the lawsuit.“While waiting for the [EMS] squad Ptl. Majercik advised he had discharged his firearm,” one officer wrote in his report.
While BCI investigates officer-involved shootings, the agency does not make a determination on whether or not a shooting was justified, or if an officer should be criminally charged or face internal discipline.The Cuyahoga County Prosecutor’s Office confirmed to 19 Investigates on Friday that East Cleveland never asked them to review the shooting for potential charges against the officer.
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