DAYTON — The mother of Michael Tuck Sr. on Thursday filed a wrongful death lawsuit against the city, Police Chief Richard Biehl, Police Officer Cody Hastings and others in the August 2019 shooting death of her son.
Renita Tuck-Walker filed the suit in Montgomery County Common Pleas Court accusing the Dayton Police Department of using excessive force in violating her son’s civil rights when Hastings shot him as many as three times the night of Aug. 22, 2019, in the area of 114 Brooklyn Ave.
Tuck-Walker brings the suit as administrator of her son’s estate, which includes his two children and his heirs, according to the filing.
The suit seeks at least $75,000 in compensatory damages and punitive damages in an amount to be determined at a jury trial.
The lawsuit alleges Hastings and the police department initiated deadly force without justification the night Tuck, 29, was shot after running from police who had pulled him over in a traffic stop.
Tuck was the driver and ran from the vehicle, which had been stopped by Officers Hastings and his partner in an alley between Gramont and Anna streets.
According to the police investigation, Tuck was shot as he and the officer struggled over the officer’s Taser, a struggle that commenced after a two-block foot chase. There were as many as two other people in the car Tuck ran from that night, according to the police investigation.
Hastings and his partner were placed on administrative leave, as is department policy in police-officer shootings.
The suit alleges Hastings ran after Tuck and shot him in a vacant lot.
The suit also alleges Tuck posed no threat to officers that night.
The other officer involved in the traffic stop is not named in the lawsuit.
Tuck-Walker, in the lawsuit, accuses the city, Chief Biehl and the police department of failing to train officers adequately in the areas of use of force, failing to adequately discipline or retrain officers involved in misconduct, failing in the selection, retention and assignment of officers with "demonstrable propensities for excessive force, violence, dishonestly or other misconduct.
Tuck-Walker, in the lawsuit, also accuses the city and the chief of failing to properly and meaningfully investigate the shootings of civilians, “particularly young Black men.”
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