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Man kicked by IMPD officer on Monument Circle suing department, city, officers

impd officer arrested for excessive force.jpg
Posted at 9:49 PM, Feb 14, 2023
and last updated 2023-02-14 21:51:28-05

INDIANAPOLIS — Jermaine Vaughn, the man injured after he was kicked by an Indianapolis Metropolitan Police Department Officer in 2021, is now suing.

The civil tort case was filed Monday against IMPD, the City of Indianapolis, Officer Eric Huxley and two other officers.

Court documents allege the three officers pushed Vaughn up the concrete steps on Monument Circle before "forcibly pinning" him down on the concrete in Sept. 2021.

"Defendant Sgt. Huxley proceeded to viciously attack Plaintiff Vaughn while he was pinned down on the concrete and kicked Plaintiff in the head, face, and mouth," the claim states.

Body-worn camera video shows Vaughn handcuffed and on the ground when Huxley "lifts his left leg, and drives his left foot down" into the man's face, according to an affidavit. Blood is visible on the man's mouth "within seconds."

The claim says Vaughn "sustained extensive physical injuries, mental anguish, medical expenses, damage to his reputation, future medical expenses, and other damages."

Vaughn's two formal charges related to the incident were dismissed two weeks after, online court records show.

It is seeking actual, general, special and compensatory damages, including monetary damages against each defendant. A jury trial is also requested.

In Oct. 2022, a federal grand jury indicted Huxley on allegations he violated Vaughn's civil rights by using excessive force.

Huxley is charged with one count of deprivation of rights under color of law. That's in addition to the charges of official misconduct and battery resulting in moderate bodily injury filed in Marion Superior Court.

Online court records show a pretrial conference in Marion Superior Court is scheduled for Feb. 28.

Huxley is suspended without pay pending a recommendation of termination to the IMPD Civilian Police Merit Board.

An IMPD spokesperson tells WRTV "out of respect for the judicial process, we do not comment on pending litigation."

RELATED | Indianapolis community reacts to how incident involving IMPD sergeant was handled

You can watch the video released by IMPD below. Note: This video contains graphic content.

IMPD body cam video