Another Lawsuit Alleges Mobile Police Brutality

News 5 first reported about a lawsuit aimed at Mobile Police over the treatment of Daniel Mingo following a traffic stop two weeks ago. Mingo was on life support following that incident and died a week later. His attorney claims he was brain dead when he was admitted to the emergency room.

Mobile Police said Daniel Mingo ran from them and a manhunt ensued. They say he was tased once so that he could be handcuffed. An internal investigation is ongoing within the police department.

Prior to the lawsuit filed over Daniel Mingo, Mobile Attorney Chase Dearman filed another lawsuit on behalf of Christopher McClain. The lawsuit now in federal court, alleges that McClain's civil rights were violated as a result of his treatment at the hands of police. McClain was a juvenile at the time, seventeen years old, and lived in the Mobile Terrace community. His mother said police were conducting a drug sweep in the neighborhood when her son was arrested. Christopher McClain was no stranger to police even as a juvenile. He reportedly had an extensive juvenile record although News 5 cannot verify that since juvenile records are strictly confidential.

It was after McClain was arrested, handcuffed, feet shackled, and having been pepper-sprayed, he was being transported by officers. Somewhere on University Boulevard those officers pulled into the median, removed McClain from the car and continued tasing and pepper-spraying him, according to the suit. At some point, a civilian also was reported to have helped the officers in either subduing or beating McClain

"With the Mobile Police reports I have, I can confirm, although we think its more than that, that he was tased at least eight times and was pepper-sprayed, in the face less than two feet away, by two officers, a total of thirteen times." said Dearman. This incident happened in 2007. McClain is about to turn 21.

City attorney Larry Wettermark responded to the claims in the case by saying it is the city's position that officers acted properly, using only the force necessary to control the situation. In the case of Daniel Mingo, Wettermark said preliminary autopsy results reveal Mingo suffered only superficial injuries and that the department is awaiting toxicology reports because officers reported seeing Mingo ingest something that the officers believed to be drugs.