Family of 11-year-old Mississippi boy shot by police files federal lawsuit seeking $5 million

The family of 11-year-old Mississippi boy Aderrien Murry has filed a lawsuit in federal court seeking $5 million after he was shot earlier this month by a police officer who responded to the child’s 911 call for help.

The lawsuit was filed by Aderrien’s mother, Nakala Murry, against the City of Indianola, Mississippi, its police chief and several officers, including Greg Capers, who the Indianola Police Department previously confirmed was the officer who shot the child.

Capers has not responded to CNN’s requests for comment. The shooting remains under investigation by the Mississippi Bureau of Investigation.

Aderrien was shot in the chest by the officer in the early morning on May 20, while the officer was responding to a domestic disturbance call at the child’s home, according to his mother and the Mississippi Bureau of Investigation.

The lawsuit, filed in US District Court for the Northern District of Mississippi, seeks at least $5 million in damages, claiming excessive force, negligence, reckless endangerment, and civil assault and battery, among other counts.

Capers “failed to assess the situation before displaying and/or discharging his firearm,” the lawsuit claims, going on to allege negligence on the part of the city, saying, “The injuries endured by the defendants could have been avoided if Defendants would have acquired the adequate training on how to provide proper assistance and care.”

The suit claims Capers’ actions “were so grossly negligent and reckless; utterly offensive; and were committed with such utter disregard for the rights of (the plaintiff) … as to amount to willful, wanton, and/or intentional misconduct.”

Murry previously told CNN the “irate” father of another of her children arrived at her home at 4 a.m. the day of the shooting. Concerned about her safety, Murry said she asked Aderrien to call the police.

The officer who arrived at the home “had his gun drawn at the front door and asked those inside the home to come outside,” Murry said. Her son was shot coming around the corner of a hallway, into the living room, she said.

“Once he came from around the corner, he got shot,” Murry said. “I cannot grasp why. The same cop that told him to come out of the house. (Aderrien) did, and he got shot. He kept asking, ‘Why did he shoot me? What did I do wrong?’” she said.

The boy was given a chest tube and placed on a ventilator at the University of Mississippi Medical Center in Jackson. He had a collapsed lung, fractured ribs and a lacerated liver because of the shooting, his mother said. He has since been released.

Carlos Moore, an attorney for Aderrien’s family, has told CNN there was “no way” the boy could have been mistaken by the officer for the adult who was the subject of the 911 call. Aderrien stands about 4 feet 10, while the adult in question is more than 6 feet tall.

CNN’s Dakin Andone contributed to this report.

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