Man sues Columbus police officer who shot him in the leg after mistaking him for criminal
A 20-year-old man is suing Columbus police, accusing an officer of “sadistic and malicious use of excessive force” for shooting him after mistaking him for a suspect in a shooting.
Jaylen Fisher was 18 when he was shot around 4:20 p.m. on March 1, 2022, outside a gas station on East Livingston Avenue, according to the lawsuit filed in February in U.S. District Court in Columbus.
Fisher was at the Marathon gas station at 3377 E. Livingston Ave. when someone opened fire. Fisher ran away and one of the responding officers, Grady Kissee, misidentified him as one of the shooting suspects, the lawsuit says.
Kissee gave Fisher “hostile commands” then shot him while he was “attempting to surrender to police,” Fisher's suit says.
The Dispatch reported at the time of the shooting that police said multiple males ran away from the scene of the initial shooting. One of them, now known to be Fisher, cut through a driveway between businesses, which is when Kissee shot him in the mid-thigh and testicle, court records say.
Police said they found a gun near Fisher at the time. The lawsuit does not address whether Fisher was armed.
Fisher accused Columbus police Chief Elaine Bryant and the city in the lawsuit of a prolonged practice of using excessive force, which was the “moving force” behind Kissee’s “excessive, malicious and sadistic” use of force.
In February, the city filed a motion to have two legal claims made in the lawsuit dismissed and to remove Bryant as a defendant. Fisher’s attorneys said in a separate filing that they do not oppose dismissing Bryant or the legal claims.
The changes leave two claims that Kissee violated Fisher’s civil rights.
Fisher was not charged with any crime related to the initial shooting, which prompted the police response and resulted in no other injuries.
This article originally appeared on The Columbus Dispatch: Man sues Columbus police after being shot, mistaken for shooting suspect
