Settlement Reached in Federal Lawsuit
The family of Joseph Pettaway, a 50-year-old man killed by a police dog in Montgomery, Alabama, has agreed to settle its federal lawsuit against Officer Nicholas Barber, who was responsible for the K9 that fatally attacked Pettaway in 2018. The confidential settlement was reached in July, ending the family’s legal battle against the officer. However, the family’s lawyers announced on Friday that they intend to appeal the dismissal of claims against the City of Montgomery and its former police chief.
The Fatal Incident
The tragic incident occurred when officers, responding to a call about an unknown occupant, arrived at a small house where Pettaway was sleeping. Pettaway, who worked as a handyman at the property, was immediately confronted by Barber’s police dog after it was released into the house. The dog bit into Pettaway’s groin, severing his femoral artery. Pettaway was dragged outside by officers, where he bled out while waiting for paramedics, according to the family’s lawsuit.
Legal Battle and Settlement
The Pettaway family filed the lawsuit in 2019, accusing Officer Barber of excessive force and negligence. The lawsuit also targeted the City of Montgomery and then-police chief Ernest Finley, alleging that officers were trained not to provide first aid in such situations.
“The Supreme Court has decided that cities and counties are responsible for administering medical care when they arrest somebody,” said Griffin Sikes, the family’s attorney. “We think they failed to do that in this case, and it is not a failure of the individual officers, but a failure of the city that says you’re not to provide medical care.”
While the claims against Officer Barber have been settled, the court dismissed the case against the city and Finley. The family plans to appeal this ruling, arguing that the city should be held accountable for its policies and training practices.
Lack of Transparency and Public Concern
Body camera footage capturing the incident has never been made public, sparking concerns about transparency. It took years of legal efforts for the Pettaway family and their lawyers to even view the recordings. The city argued that releasing the footage could incite protests and endanger public safety, a position upheld by U.S. Magistrate Judge Jerusha T. Adams.
Judge Adams suggested that the family was “attempting to try this case in the informal court of public opinion, rather than in the courtroom,” a statement reflecting the tension between public accountability and legal proceedings.
