COLORADO SPRINGS, Colo. (KRDO) -- On Thursday, attorneys representing the family of De'Von Bailey filed a lawsuit against the city of Colorado Springs and two Colorado Springs police officers.
Sergeant Alan Van’t Land and Officer Blake Evenson are both named in the lawsuit, claiming they "exercised excessive force, racial biased policing, and battery causing wrongful death" in the shooting of Bailey.
On August 3rd, the two officers say they were responding to a call for a reported armed robbery when they approached De'Von Bailey and his cousin, Lawrence Stroker.
Body camera footage shows the officers asking both parties to put their hands up, moments later Bailey is seen running away from officers before police open fire. Officers found a gun in Bailey's shorts when they put him in handcuffs, but he later died in custody.
The lawsuit filed by KILLMER, LANE & NEWMAN, LLP claims Anthony Love, an acquaintance of Bailey and Stoker falsely reported a robbery, leading police to the two men.
When approached, attorneys say police officers didn't give Bailey any warning they were going to shoot, and claim Bailey didn't reach for the gun while he was running away.
Should the lawsuit rule in favor of the plaintiffs, Bailey's family, attorneys are asking for:
- (a) Declaratory and injunctive relief, as appropriate;
- (b) Economic losses on all claims allowed by law in an amount to be determined at trial;
- (c) Compensatory and consequential damages, including, but not limited to, damages for emotional distress, humiliation, loss of enjoyment of life, and other pain and suffering on all claims allowed by law in an amount to be determined at trial;
- (d) Punitive damages on all claims allowed by law and in an amount to be determined at trial;
- (e) Attorneys’ fees and the costs associated with this action, including expert witness fees, on all claims allowed by law;
- (f) Pre- and post-judgment interest at the lawful rate;
- (g) Any further relief that this court deems just and proper, and any other relief as allowed by law.
KRDO spoke with to a third-party civil attorney for expertise on the the lawsuit.
Michael Stuzynski, an attorney with Rector Law Firm said a win in this case might not look typical.
"In my experience, a victory could come in many different ways. Sometimes, a victory could come in just fighting for what you believe is right," he explained, "when you generate public interest in things like this calling it to their attention, you can absolutely have success in changing public wars and even the law surrounding how things are handled."
The City of Colorado Springs, a defendant in the case told KRDO they do not comment on pending or active litigation. The police department did not respond to a request for comment.