You are peacefully lying on your back with both of your arms in the air, pleading with police not to shoot you. Instead of letting you walk away unharmed, a police officer shoots you in the leg. What would be your next plan of action? File a lawsuit against the officer?

Well, that’s the latest in the incident with Charles Kinsey, a 47-year-old behavioral therapist from North Miami, Florida,  who was shot in the leg by police while trying to help his autistic patient. In case you missed it, check out Law Street’s coverage of the incident here.

Kinsey filed a federal lawsuit against North Miami police Officer Jonathan Aledda, arguing that Aledda and other officers wrongfully arrested him and used excessive force. In the lawsuit, it also says that Aledda did not help stop the bleeding after he shot Kinsey, even after officers figured out there was no weapon at the scene. Because of the physical, emotional, and mental trauma the incident caused, Kinsey and his lawyer are demanding a jury trial and unstated monetary damages. 

After he was shot, Kinsey was handcuffed and lay bleeding in the middle of the street, according to the lawsuit. It also alleges that when North Miami officers arrived at the scene, they immediately grabbed assault rifles from their cars and approached in a “military-style formation.”

Kinsey’s attorney, Hilton Napoleon, filed the lawsuit and in it, said,“by failing to render aid, Officer Aledda allowed Mr. Kinsey to unnecessarily bleed out on the ground for a significant period of time, which further exasperated Mr. Kinsey’s recovery time for his injuries.” 

Aledda has been placed on paid administrative leave.

The autistic man Kinsey was looking after, Arnaldo Eliud Rios, 23, has been at the psychiatric ward of a Miami hospital and was traumatized by the event, said his mother, Gladys Soto. Rios and Kinsey met at the hospital last week for the first time since the shooting.

Inez Nicholson

Inez is an editorial intern at Law Street from Raleigh, NC. She will be a junior at North Carolina State University and is studying political science and communication media. When she’s not in the newsroom, you can find her in the weight room. Contact Inez at INicholson@LawStreetMedia.com.

The post Behavioral Therapist Shot by North Miami Police Officer Files Federal Lawsuit appeared first on Law Street.

By now you’ve seen the video of a black man lying in the street with both hands firmly in the air pleading with police, “don’t shoot me!” The man is Charles Kinsey, a 47-year-old behavioral therapist from North Miami, Florida,  and he was shot in the leg by police while trying to help his autistic patient.

Police were responding to reports that a man was suicidal and had a gun. Cellphone footage captured Kinsey lying on the ground trying to explain to police that the man sitting next to him was autistic and was holding a toy car–not a gun. But it didn’t matter that his hands were in the air, or that he was lying on his back, or that he wasn’t even the individual suspected of having a gun–he was still shot.

Watch the Video Below

“As long as I’ve got my hands up, they’re not gonna shoot me, that’s what I’m thinking,” Kinsey told reporters. “Wow, was I wrong.”

Kinsey was shot Monday, but his attorney released the video filmed by witnesses to the public Wednesday afternoon. While the video does not show Kinsey being shot, it clearly shows him on the ground complying with police. Versions of the footage have been viewed collectively over a million times already on YouTube.

Kinsey has been released from the hospital and is expected to fully recover. Before leaving the hospital he told WSVN, a CNN affiliate, that he asked the officer for an explanation after the shooting. “I’m like, ‘Sir, why did you shoot me?'” Kinsey recalled. “He said to me, ‘I don’t know.'”

It appeared to the officers that the white male was trying to do harm to Mr. Kinsey. In fearing for Mr. Kinsey’s life, the officer discharged his firearm trying to save Mr. Kinsey’s life and he missed.

The shooting comes after the recent police shootings of Alton Sterling and Phillando Castile rocked the nation. After the video went viral Thursday, Twitter quickly exploded with people condemning the shooting.

“Sir, why did you shoot me?”
“I don’t know…”
is 400 years of American history wrapped into one conversation #CharlesKinsey

— AHill (@al3x_hill) July 21, 2016

Officer says he “thought” #CharlesKinsey was in danger. Doesn’t explain why he handcuffed him after he shot him.

— Goldie Taylor (@goldietaylor) July 21, 2016

Until police officers are routinely held accountable for shooting unarmed civilians, especially of color, it won’t end. #CharlesKinsey

— Dr. Jill Stein (@DrJillStein) July 21, 2016

I’ve been thinking about this all morning.
“Sir, why did you shoot me?”
“I don’t know.”

This is insanity. #CharlesKinsey

— Johnetta Elzie (@Nettaaaaaaaa) July 21, 2016

Plot twist: Even if you surrender completely with both hands in the air lying down, you will still get shot by a cop. #CharlesKinsey

— NUFF$AID (@nuffsaidNY) July 21, 2016

So is this #CharlesKinsey silence the “he’s no angel” portion of the game? Where y’all check his 8th school reports & his driving records?

— Questlove Gomez (@questlove) July 21, 2016

Don’t swim. Don’t listen to loud music. Don’t walk home. Don’t ask for help. Don’t sell CDs. Don’t breathe. Don’t be black. #CharlesKinsey

— Black Magic Woman (@jananamirah) July 21, 2016

The unidentified officer, who is described as being a 30-year-old Hispanic, was placed on administrative leave pending an investigation. Kinsey’s attorney Hilton Napoleon II told CNN,

The reality is that he believed … that if you comply with the police and you lay on the ground with your hands up, and if you speak to them like my client was speaking to them, as Americans, we try to believe that that will not result in you getting shot.

[…]

Physically, he will recover, but mentally, he felt like he did everything he could possibly do and that wasn’t good enough.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post Charles Kinsey’s Hands Were Up and He Was Still Shot By Police appeared first on Law Street.

Welcome to RantCrush Top 5, where we take you through today’s top five controversial stories in the world of law and policy. Who’s ranting and raving right now? Check it out below:

Did Laura Ingraham Just Nazi Salute?

From my own perspective it just looks like a nervous wave gone awry! But viewers everywhere are saying the woman just sieg heiled in front of millions of people. Yikes.

So we’re all just going to pretend Laura Ingraham didn’t just do a nazi salute? Okay.

— Aneela (@_Aneela_A) July 21, 2016

Now some are speculating about the influence Nazism and nationalism have had on the entire election. Not like this election hasn’t been one gigantic mid-life crisis for America already.

Rant Crush

RantCrush collects the top trending topics in the law and policy world each day just for you.

The post RantCrush Top 5: July 21, 2016 appeared first on Law Street.