Judge drops city, former chief from Hastings suit | Arkansas Blog

Friday, January 27, 2017

Judge drops city, former chief from Hastings suit

Posted By on Fri, Jan 27, 2017 at 5:39 PM

click to enlarge JOSH HASTINGS - FILE PHOTO
  • File photo
  • JOSH HASTINGS
Federal Judge Brian Miller has issued a summary judgment in favor of the city of Little Rock and retired Police Chief Stuart Thomas in Perkins v. Hastings, a suit claiming that the city and the chief failed to train, discipline and supervise Officer Josh Hastings. Hastings was the officer who was tried twice for manslaughter in the shooting of Bobby Moore; both trials ended in mistrials.

Hastings was responding to a suspicious persons call at Shadow Lake Apartments in August 2012 when he found Moore, 15, and two other teenagers in a car. Hastings shot and killed Moore as Moore drove his car toward the officer. Hastings was fired in October after an internal affairs investigation by police determined he had testified untruthfully and his use of deadly force did not conform to policy.

Hastings remains a defendant in the suit, brought by Sylvia Perkins on behalf of Moore's estate.

A letter to the Little Rock Board of Directors from City Attorney Tom Carpenter explains the ruling:
Dear Mayor Stodola and Members of the Board of Directors,

U.S. District Judge Brian Miller granted retired Chief Stuart Thomas and the City of Little Rock summary judgment in the above case. This case stems from an officer involved shooting.

Officer Josh Hastings, while responding to a call about breaking and entering, shot Mr. Bobby Moore while Mr. Moore drove a automobile towards the officer. The officer was terminated because the shooting did not conform with LRPD Deadly Force policy – which is one of the most restrictive in the nation – and, was subsequently tried twice for manslaughter. After two mistrials, the prosecuting attorney chose not to pursue another trial.

The claims against the City were for failure to train, failure to discipline, and failure to supervise. Judge Miller pointed out that the training program of LRPD is such that there is no valid failure to train allegation. Further, there was no failure to supervise involved. Judge Miller also rejected a pattern or practice on the use of deadly force, and an allegation against the City and a failure to discipline. Among other things, the Court held that there was discipline in most of the cases cited. The plaintiff, represented by Mike Laux of California, tried to use the Ellison case as an indication of improper training and supervision. The Court rejected any use of this case and said only that there had been a ruling on qualified immunity, but because the case was settled it was pure speculation to state what facts would have been determined by a jury.

This case is now being handled by the AMLDF [the Arkansas Municipal League's defense program]. John Wilkerson and Amanda LeFever prepared and filed the summary judgment motion. It is not known if the trial against Mr. Hastings will continue, but the City is not a defendant in this matter anymore. In light of recent U.S. Supreme Court cases on qualified immunity, it is highly unlikely that any appeal would be successful.

Please let me know if you have any questions.

Tags: , , ,

From the ArkTimes store

Favorite

Comments (2)

Showing 1-2 of 2

Add a comment

 
Subscribe to this thread:
Showing 1-2 of 2

Add a comment

More by Leslie Newell Peacock

  • Fayetteville, Fenix and art-making on Saturday

    If you're in Fayetteville this weekend, you can drop in on several workshops being held by the Fenix Fayetteville artists' cooperative at the Walker-Stone House, 207 W. Center St. downtown.
    • Jul 20, 2017
  • UALR artist Mia Hall is off to Penland: UPDATE

    The Penland School of Crafts in North Carolina has announced the hiring of Mia Hall, of the Department of Art and Design at UA Little Rock, as its new director.
    • Jul 19, 2017
  • ACLU asks court to enjoin antiabortion bills

    Lawyers for the American Civil Liberties Union asked Judge Kristine Baker to grant an injunction against four laws passed this year by the General Assembly that would: * Make abortion after 15 weeks riskier by outlawing what the medical profession considers the safest procedure, dilation and evacuation; * Require doctors to inform local police when an abortion performed on a teenager age 14-16 absent any indication of abuse and that police create a record of the teenager's abortion and be provided the fetal remains; * Require abortion providers to ask women seeking an abortion if they know the sex of the fetus, and, if they do, obtain all of their previous obstetrical records to determine if they have a "history of aborting fetuses" of a certain sex, as the lawyer for the state said today in court. * Require notification of a woman's partner — or abuser — that she intends to have an abortion, ostensibly so they can agree on the disposition of the remains of the fetus.
    • Jul 13, 2017
  • More »

Readers also liked…

  • Jason Rapert vs. Wikipedia

    Sen. Jason Rapert against the world: Wikipedia edition.
    • Jan 23, 2016
  • Among the last words from Kenneth Williams: 'Finger Lickin' Good Fried Chicken'

    What's purported to be a final-words essay from condemned prisoner Kenneth Williams was distributed today by Deborah Robinson, a freelance journalist in Arkansas.  He reflects on his execution, his victims, reactions of inmates and big servings of fried chicken, which he says are given to all inmates on execution days.
    • Apr 27, 2017
  • Super Bowl line

    Over to you.
    • Feb 7, 2016

Most Shared

  • 'Cemetery angel' Ruth Coker Burks featured in new short film

    Ruth Coker Burks, the AIDS caregiver and activist memorably profiled by David Koon as the cemetery angel in Arkansas Times in 2015, is now the subject of a short film made by actress Rose McGowan.
  • Buyer remorse

    Out here in flyover country, you can't hardly go by the feed store without running into a reporter doing one of those Wisdom of the Heartland stories.
  • Not Whitewater

    Just think: If Democrats had turned out 78,000 more votes in three states in November, people could be reveling today in the prospect of impeaching and convicting President Hillary Clinton, not Donald Trump, as some Republican lawmakers had promised to try to do if she won.
  • Head-shaking

    Another edition of so-much-bad-news-so-little space.

Most Viewed

Most Recent Comments

Blogroll

 

© 2017 Arkansas Times | 201 East Markham, Suite 200, Little Rock, AR 72201
Powered by Foundation