The mother of a man shot and killed by police last year has filed a wrongful death lawsuit against the officers involved.
NASHVILLE, Tenn. (WKRN) — The mother of a man shot and killed by police last year has filed a wrongful death lawsuit against the officers involved.
The mother of Joshua Kersey is suing the officers who responded to the scene of a domestic incident where her son was killed last October, saying he was suffering from a mental health episode that officers ignored.
Elizabeth Trujillo filed the complaint in the U.S. District Court for the Middle District of Tennessee, claiming the officers used excessive force in violation of her son’s Fourth Amendment right, failure to train and supervise, failure to discipline, and claims for assault, battery, and negligence.
She names Metro officer Cole Ranseen and five John Doe officers as defendants in the complaint, stating Ranseen’s actions and the other officers’ inactions were negligent in preventing her son’s death.
Kersey allegedly held a housemate hostage at knifepoint inside their home on Split Oak Trail in Antioch on Oct. 9, 2023.
According to the Metro Nashville Police Department (MNPD), officers responded to the call from Kersey’s sister.
When officers arrived, they reportedly attempted to negotiate with Kersey, who had kept a man hostage inside a bedroom, for about 40 minutes. Officers said they then heard a scuffle and breached the door of the bedroom.
In body-worn camera footage obtained by News 2, Kersey can be seen falling on top of the man he was holding hostage on the floor before rolling onto his back and not moving. That was when Ranseen shot him.
In her suit, Trujillo claims the officers violated the Fourth Amendment when they broke down the door and “immediately started shooting” when Kersey was lying on the floor and posed no threat to officers.
“Joshua Kersey never made any aggressive move or maneuvers that would have threated the life or safety of the Defendants,” the complaint reads, adding Kersey never made any move to resist or evade arrest.
She also claims the Metro Nashville Police Department failed to properly train or supervise officers, as well as having a de facto policy of not disciplining officers who use excessive force.
The complaint calls for all damages owed under state and federal law in an amount to be determined at trial.