A man is suing a police officer for $5 million after he was shot as he tried to evade arrest.
Nicholas Mayhue filed a lawsuit Jan. 30 in the U.S. Court for the Eastern District of Texas Sherman Division against an officer with the Bells Police Department Justin Bachman, claiming the officer violated his constitutional rights by using excessive form and committed aggravated assault.
The lawsuit states Mayhue and another man, Mark Donihoo, were walking down a street in Bells on Dec. 4, 2012, "committing no criminal offense," when Bachman pulled behind them and detained them.
They complied with his requests for identification and emptying their pockets, the complaint states.
Dispatch sent word to the officer that Mayhue had a possible warrant out of North Carolina. Mayhue then fled with Bachman in pursuit, the complaint states.
"Bachman began to chase Mayhue and pulled out his 9mm service pistol," the suit states. "Bachman yelled 'stop' three or four times, then shot at Mayhue with the intent to kill him. The bullet went through Mayhue's elbow.
"Mayhue did nothing to justify the shooting by the officer, but simply evaded arrest or detention. There was no probable cause that Mayhue posed a significant threat of death or serious bodily injury to the officer or others,"
Mayhue claims he has suffered serious bodily injury, physical impairment, illness and loss of use of his right arm for employment, loss of earning capacity, emotional distress and several mental anguish in the incident.
Mayhue is seeking $500,000 in actual damages and $5 million in punitive damages, plus attorney’s fees.
He is being represented by private attorney Micah Belden of Sherman.
The case has been assigned to District Judge Richard Schell and referred to Magistrate Judge Don Bush for pretrial proceedings.
United States District Court Eastern Division of Texas Case No. 4:14-CV-00064
This is a report on a civil lawsuit filed at the United States District Court Eastern District of Texas. The details in this report come from an original complaint filed by a plaintiff. Please note that a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it represents only one side of the story.