MEMPHIS, Tenn. (WREG) — A man who survived a shooting by police after fleeing a traffic stop has settled his lawsuit against the city of Memphis.
Martavious Banks will receive a $200,000 settlement after a voluntary agreement between him and the city was filed in federal court, The Commercial Appeal reported.
The original lawsuit had sought $10 million in damages. According to the lawsuit, the officers used excessive force when they “shot the Plaintiff over 20 times causing him to suffer great physical, mental and emotional injuries.” They also “took actions to conceal the true nature of events and what occurred by causing the In-Car Camera System and Body-Worn Camera to be turned off prior to the shooting and assault.”
The lawsuit also claimed the city of Memphis failed to properly train and supervise its officers.
Banks ran from a police traffic stop and was shot by a Memphis officer five times in September 2018. Banks was critically wounded and spent weeks in intensive care at a hospital.
In May, Banks was indicted on a number of charges related to the pursuit, including intent to evade arrest auto risk/death, unlawful possession of a weapon in a public place, driving with a suspended or revoked license and reckless driving.
Banks’ attorney, Arthur Horne, said Banks entered a plea deal in August 2019 and was released from jail. He pleaded guilty to the evading charge and unlawful possession of a weapon charge and was given two years and 10 months of probation.
Banks sued after an investigation showed officers did not have their body cameras activated as required by department policy, NewsNation affiliate WREG reported.
According to the city’s police director, all three of the officers had either their body-worn cameras or patrol car cameras turned off at some point during the incident.
An officer who chased him to the front porch shot Banks five times when he said the suspect turned and began to point a handgun at him. The gun was recovered inside the house where Banks collapsed.
No criminal charges were filed against the officers. However, the officer who fired the shots resigned and three other officers were disciplined for violations of department policy related to body-worn cameras, pursuit and radio communications.
The Associated Press contributed to this report.