Mitchell police deny allegations in police shooting lawsuit

Mark Walker
Argus Leader

The city of Mitchell and its police department deny allegations in a lawsuit filed by the family of a man killed during a struggle with a police officer.

A response to the lawsuit, filed on behalf of Curtis James Meyer by his mother, Hon Kasselder, said the city and police department acknowledge the officer-involved shooting occurred but deny liability for the shooting or for Meyer's death.

"(The plaintiffs) specifically deny that any party defendant is at all liable," the joint response says.

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A Mitchell police officer responded to a call Sept. 4, 2015, at a home in the 500 block of North Mentzer Street for a noise complaint, according to the lawsuit. Officer Russell Stevenson, who is no longer with the Mitchell Police Department, encountered Meyer, who was sitting on the ground in the alley near the home.

As he walked closer to Meyer, he thought he saw a handgun between Meyer's legs.

When asked what the item was, Meyer replied: “My 45.” Meyer then lifted the item, which was later identified as a gun he lawfully possessed. The complaint says that Meyer did not threaten the officer with the gun.

Related:Mother sues police department after officer killed son in 2015 struggle

Stevenson lunged and grabbed the gun with both hands to try to wrench it away from Meyer, who remained seated on the ground. Stevenson said when he grabbed the gun with both hands Meyer still had a hand on it and then was ordered to release it.

The officer pulled the trigger of Meyer's gun amid the struggle, shooting Meyer in the neck. Meyer died before he could be taken to the hospital.

The lawsuit alleges that Meyer’s civil rights were violated by the officer, the Mitchell Police Department and the city of Mitchell. It also has filed claims of false imprisonment and assault against Stevenson.