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Huntsville Police officers, City of Huntsville respond to excessive force lawsuit

Hilton Germany
Hilton Germany

The defendants denied the allegation brought against them in federal filings on Monday.

Posted: Feb 13, 2019 11:40 AM
Updated: Feb 13, 2019 11:44 AM

Lawyers for both the City of Huntsville and a pair of Huntsville Police officers filed responses to a lawsuit alleging excessive force during an arrest in 2016.

The two responses, which were filed on Monday, answer the amended complaint filed last month on behalf of Hilton Germany and his mother, Jonnie Bey. This was in response to an incident on October 23, 2016 during which Germany claims he was falsely arrested and was subjected to excessive force.

In a separate federal court filing on behalf of the city (also on Monday), defense attorneys George Royer Jr. and David Canupp argue that some of the defendants listed in the amended complaint should be removed from the proceedings.

The complaint lists “John Doe, Richard Doe and Bill Doe” as defendants, which Germany’s attorney, Terrell McCants, states are three officers that were present when Germany was arrested, but did not give their names at the time

Royer and Canupp refute that claim in Monday’s filing, arguing that Germany’s attorney only claims that they are “real parties who are merely sued under a fictitious name” and provides no other identifying information about them, other than that they are Huntsville Police officers present at the time of Germany's arrest.

They said because of that, “a process server [would not] know which Huntsville police officer to serve with process.”

Defense attorneys are seeking to have the lawsuit dismissed.

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