The same now-fired Memphis police officers who were seen on body camera videos beating Tire Nichols to death, allegedly beat a Black Army veteran three days earlier, according to a recently filed $5 million lawsuit.
Monterrious Harris was with his cousin on January 4 when he “suddenly was surrounded by a large group of assailants in black ski masks, dressed in black, brandishing guns, other weapons, hurling expletives and threatening to end his life if he didn’t get out of his car,” according to the lawsuit.
The 38-page legal action, which was filed in Tennessee federal court on February 7, names Emmitt Martin III, Desmond Mills, Justin Smith, Demetrius Haley and Tadarrius Bean, who were fired from the department and charged with second . degree of murder in connection with the death of Nichols.
The lawsuit also named the Memphis Police Department and four unknown officers, listed as John Does 1-4.
On Thursday, the Shelby County District Attorney’s Office announced that it is reviewing all cases, prior and pending, of former officers Martin, Mills, Smith, Haley and Bean.
DEATH OF TIRE NICHOLS: FORMER MEMPHIS COP TAKEN AND SHARED PHOTOS OF BLOODY VICTIM
Monterrious Harris’s injuries following an alleged attack by former Memphis police officers who bludgeoned Tire Nichols to death, according to the federal lawsuit. (Federal Court Documents)
Memphis police could not immediately be reached Thursday night.
The lawsuit alleges more than a decade of police brutality, particularly against black men, citing two specific cases in 2011 and 2015.
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In 2018, federal court in the Western District of Tennessee found that the Memphis Police Department violated a 1978 consent decree that prohibited “unconstitutional spying on and surveillance of citizens,” according to the lawsuit.
“In the last few years alone, an examination of the law enforcement practices of the Defendant City of Memphis and the Memphis Police Department paints a painful and sordid picture of their police force attacking, abusing and trampling on the constitutional rights of the very citizens it exists to protect and serve,” the lawsuit says.
From left, Desmond Mills, Demetrius Haley, Justin Smith, Emmitt Martin and Tadarrius Bean. Each of the Memphis Police Department officers was fired on January 18 for his role in the arrest of the late Tire Nichols. (Shelby County Jail)
“All of these stories share a familiar and unfortunate theme, the Memphis Police Department continually and blatantly disregards the constitutional rights of the citizens of Memphis, Tennessee through a myriad of illegal, egregious and nefarious customs and practices. This case now stands among these stories.”
Harris, a discharged Army veteran, thought the officers’ alleged “relentless” one- or two-minute attack on him was carjacking, according to the lawsuit.
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“According to the beating Mr. Nichols received, the Scorpion Unit then attacked Mr. Harris in a rapid, violent, and continuous manner, including beating, stomping, and dragging him across the concrete,” the lawsuit states.
“Luckily, the residents of the apartment complex heard the loud screaming and noise and came out to investigate. In all likelihood, the presence of these Good Samaritan witnesses prevented further harm to Mr. Harris.”
Monterrious Harris’s injuries following an alleged attack by former Memphis police officers who bludgeoned Tire Nichols to death, according to the federal lawsuit. (Federal Court Documents)
He was bleeding from the head, his left eye was swollen shut and he had “great difficulty” walking because his right leg was swollen and “severely” bruised and his left leg was severed, according to the lawsuit.
DOJ TO REVIEW MEMPHIS POLICE DEPARTMENT’S “SPECIAL UNITS AND USE OF FORCE POLICIES” AFTER THE DEATH OF TIRE NICHOLS
Harris was arrested and faces several “false” charges, according to the lawsuit, including convicted felon in possession of a firearm, trespassing, evading arrest, willful evading arrest in a motor vehicle, possession of a firearm during a dangerous felony, possession of a controlled substance (and intent to manufacture, distribute/sell), tampering with fabricated evidence, and possession of drug paraphernalia.
After being treated at a hospital, Harris was taken back to jail, where he remained for nine days until his family posted bail.
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The Scorpion Unit was disbanded after Nichols was killed by police during a fake traffic stop on January 7.
“The current ignoble chapter of the Memphis Police Department ending the violent and unconstitutional beatings of Mr. Harris, other Memphisians, and the death of Mr. Nichols, began decades ago,” the lawsuit says.
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“The unconstitutional policies, practices and customs of the Memphis Police Department that led to the formation of the Scorpion Unit, which operated as a vigilante gang, were consistent with the abuses that citizens have suffered for many years.”
Nichols was pulled over by police for alleged “reckless driving.” Officers said a “confrontation occurred” during the traffic stop, and Nichols attempted to flee the scene.
The Smoothie King Center display honors Tire Nichols before an NBA basketball game between the New Orleans Pelicans and the Washington Wizards in New Orleans on Saturday, January 28, 2023. (AP Photo/Matthew Hinton)
The officers caught up with Nichols and began kicking, punching, or hitting him with a baton. During the beating, Nichols complained that he was short of breath. He was transported to the hospital in critical condition and died on January 10.
Mills was also accused of later giving Nichols’ mother an inaccurate description of the incident.
Martin claimed that Nichols attempted to remove a gun from the officer’s holster after another officer forced him out of the vehicle, and that Martin helped him by grabbing Nichols’ wrist.
But the video evidence does not corroborate Martin’s allegation of an attempt to grab a gun, according to the documents.
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Audio from a body camera found no evidence that Nichols used profanity or violent threats.
Instead, he was calm and courteous in his statements to the officers. Martin, however, used profanity towards Nichols and threatened to knock him out as he demanded that Nichols put his arm behind his back.
