City of Memphis filed motion to dismiss civil lawsuit from Tyre Nichols’ family

Tyre Nichols investigation": A portrait of Tyre Nichols is displayed at a memorial service for him on Tuesday, Jan. 17, 2023 in Memphis, Tenn. Nichols was killed during a traffic stop with Memphis Police on Jan. 7. (Adrian Sainz/AP)

By Jessica Goodman, Cox Media Group National Content Desk

MEMPHIS, Tenn. — On Friday, the City of Memphis filed a motion to dismiss a lawsuit by Tyre Nichols’ family.

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The city said that Nichols’ death was caused by “five rogue police officers,” according to a court filing obtained by WHBQ. They also said that they did not condone or approve the officers’ actions and that they had no involvement in Nichols’ death.

Nichols’ family last April sued the city, Memphis Police Department, and around a dozen employees with the city for $550 million, according to the news outlet.

Nichols’ mother, RowVaughn Wells, filed the lawsuit, WATN reported.

The lawsuit also accuses police chief Cerelyn “CJ” Davis of allowing the special unit’s aggressive tactics and for letting it continue to operate even though there were warning signs, The Associated Press reported.

“Because the City is also named as a defendant in this lawsuit, the ‘official capacity’ claim against Chief Davis and the claim against Lt. Smith ‘as an agent of the City’ are redundant and should be dismissed,” the motion reads, according to WATN.

The city is suggesting that the motion against them be dismissed so that officials can focus their “full attention to those individuals entirely responsible for the death of Mr. Nichols,” WATN reported.

[ Tyre Nichols death: Memphis police permanently deactivates SCORPION unit ]

At least three of the five officers have pleaded not guilty to charges including second-degree murder of beating Nichols after a traffic stop on Jan. 7, the AP reported. Nichols died at the hospital three days later.

An autopsy report that was released on May 4 found that he died from blows to his head and his death was ruled a homicide, according to the AP. The autopsy report showed that he had brain injuries, cuts, and bruises to multiple parts of his body including his head.

The incident was caught on police and surveillance video, the AP reported.

Five former Memphis Police Department officers -- Demetrius Haley, Tadarrius Bean, Emmitt Martin III, Desmond Mills Jr. and Justin Smith -- have been charged with murder, WBHQ reported.