Family of man killed by officers files notice of claim seeking $85 million against Phoenix police

The family of Ali Osman  — the man who was fatally shot by Phoenix police officers after he threw rocks at them — is seeking $85 million from the city of Phoenix and Phoenix Police Department.

The family's lawyer, Quacy Smith, filed the notice of claim Friday against the City of Phoenix, the Phoenix Police Department, Chief Michael Sullivan and officers Jesse Johnson and Brennan Olachea who they collectively identify as "responsible parties" in the document.

"The Claimants seek an award of damages reasonably calculated to compensate for the injuries they suffered in connection with the wrongful death of Ali Osman on September 24, 2022," the document says.

On Sept. 24, officers who were patrolling the area near 19th and Glendale avenues said they saw a man, later identified as Osman, throwing rocks at one of the patrol cars, according to Sgt. Brian Bower, a spokesperson with Phoenix police.

Police said they told Osman to stop, but he continued throwing rocks at them, according to Bower. Then officers shot Osman. He was taken to a hospital where he died, Bower said.

More: Family, community call for justice weeks after man shot, killed by Phoenix police

The claim says the officers violated Osman's rights to freedom from unreasonable seizures and used excessive force when they shot him. It also says Olachea failed to use a non-lethal shotgun that was in his patrol vehicle.

"Mr. Osman was neither a threat of death nor of great bodily harm to the officers, nor was engaging in conduct that justified the extent of force used by the officers," the document says.

The notice of claim says Olachea and Johnson  acted with a "reckless disregard for the life and safety" of Osman.

According to the document, the "responsible parties" are liable for intentional infliction of emotional distress, wrongful death and battery.

The notice of claim says the Phoenix Police Department was negligent in the hiring, supervision, retention or training of the involved officers, and that the officers were negligent with their actions.

The $85 million to settle the claim supports loss of income and services, medical expenses, funeral and burial expenses, travel expenses, loss of consortium, pain and suffering, lost of enjoyment of life, attorney fees and punitive damages, the document states.

New details on the shooting revealed in the notice of claim

The notice of claim described the moments leading up to the shooting and says Olachea was patrolling the area with an officer identified as J. Gibson. Olachea told dispatchers someone was actively throwing rocks at them, according to the filing, then Olachea and Gibson met with Johnson, who was driving another patrol unit.

Besides damage to a spotlight on the patrol vehicle, the officers didn't report any other criminal conduct or that people were in danger, according to the document. During an interview one of the officers allegedly said that he believed Osman was having some type of mental episode.

One of the officers allegedly requested helicopter for air support and a patrol vehicle with less-lethal ammunition. The document claims Olachea and Gibson had access to a non-lethal shotgun in their vehicle and they didn't use it or told Johnson about it.

"The officers – without forming any sort of plan that could have resulted in Mr. Osman’s safe apprehension – negligently and unreasonably entered their patrol vehicles and drove back to the intersection of 19th Avenue and Tuckey Lane to confront Mr. Osman.," the document says.

The notice of claim says supervisors who monitor radio traffic didn't tell officers to wait for less lethal support or backup.

Johnson "unreasonably" exited his patrol vehicle with his firearm drawn and pointed at Osman, even if he didn't see imminent danger to anyone, according to the notice of claim.

While Johnson was "engaging" Osman, Olachea exited his patrol vehicle and fired at Osman at least once "without reason, justification or cause," according to the document.

Osman was shot at least three times in the neck, the notice of claim says.

"Mr. Osman had not thrown any rocks at Officer Olachea nor his vehicle at that time he fired his weapon. It was only after Mr. Osman had already been shot and killed that Officer Gibson holstered his firearm and retrieved the less than lethal shotgun stunbag," the notice of claim says.

Edited video shows Sept. 24 shooting

A video featuring edited body camera footage released by the Phoenix Police Departments shows Osman with his hands up as an officer approaches and pulls his gun and is heard shouting, "drop it."

Osman then throws a rock at the officer before being shot and dropping to the ground.

Body camera footage also shows an officer doing CPR on Osman before he was taken to the hospital.

The department video shows a photo of a broken spotlight on one of the patrol vehicles, which police said was caused by Osman throwing rocks and which in turn prompted the officers to approach him. A couple of small rocks are seen hitting the patrol car as one of the officers arrives.

In the video, Bower says a rock struck the officer in the shin as that officer is heard giving Osman commands to drop the rocks.

Bower also says the officers gathered rocks from the scene, weighing between 2.9 ounces and 19.8 ounces. The department video also features photos of dents and scratches on the vehicles.

The body cam video also captures one of the officers saying, "Let's get this motherf----r now," before driving to where Osman was.

Osman's family reacted to the video and said they couldn't believe that had happened.

At news conferences loved ones remembered Osman as a caring and selfless person. Osman was a Somali refugee who came to the United States at 14, his friend, Loay Alyousfi, previously said.

A memorial was held Sept. 30 for Osman at an Islamic community center in Tempe.

There is an internal and criminal investigation on the shooting that will be reviewed by the Maricopa County Attorney's Office.

Reach breaking news reporter Angela Cordoba Perez at Angela.CordobaPerez@Gannett.com or on Twitter @AngelaCordobaP.

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This article originally appeared on Arizona Republic: Family of Ali Osman files notice of claim seeking $85 million