New lawsuit against Memphis police who beat Nichols

Five Memphis police officers charged with second-degree murder in the police beating of Tyre Nichols last month are accused of assaulting another young black man three days prior to Nichols' fatal encounter, according to a lawsuit.

Monterrious Harris filed the civil lawsuit Tuesday in US District Court against the officers and the city of Memphis, Tennessee, alleging the officers punched, stomped and dragged him across concrete when he was arrested Jan 4.

The suit alleges that Harris, 22 of Memphis, was unconstitutionally arrested and accuses the city of failing to prevent or address an alleged pattern of policing abuses within the now-disbanded Scorpion police unit. He accuses the city police department of allowing the unit to operate like a "gang of vigilantes".

Harris sued black police officers Tadarrius Bean, Demetrius Haley, Justin Smith, Desmond Mills and Emmitt Martin. He has also sued four unnamed officers.

The lawsuit states that Harris was visiting his cousin on Jan 4 at an apartment complex and they both sat in Harris's car until his cousin got out to get a jacket.

While the cousin was gone, the suit alleges that Harris's car was surrounded by a group of men "wearing black ski-masks, dressed in black clothing, brandishing guns, other weapons, hurling expletives and making threats to end his life if he did not exit his car".

The men were from the Scorpion Unit in charge of reducing street crime. But Harris alleges that when the group approached him none of them identified themselves. It led him to believe he was being attacked and robbed by assailants, he claims.

To escape, Harris said he put his car in reverse and attempted to drive away, but he later got out of the vehicle with his hands raised. The officers then began stomping on him, punching him and dragging him across concrete, he alleges.

Harris's left eye was swollen shut. His head was bloody. He wasn't given any medical aid until he was taken to the Memphis jail, the suit said. He arrived with his legs swollen and bruised.

He was charged with being a convicted felon in possession of a handgun, fabricating evidence, and possession of drug paraphernalia. Also, criminal trespass, evading arrest, drug possession and possession of a firearm during a dangerous felony, resisting arrest, possession of a controlled substance and tampering with or fabricating evidence.

But in contrast, an affidavit filed by police told a different story. It alleges that an officer asked Harris to roll down his car window and step out of the vehicle after he smelled marijuana inside the car.

Harris then tried to drive backward "at a high rate of speed" before he got out of the car and ran from police, while throwing a clear bag "consistent with marijuana" into the grass, they said.

Harris was then "detained by detectives" but there was no note on any physical altercation. Following his arrest, the police said they found a handgun in the car and Xanax and marijuana on Harris.

The lawsuit said the officers were "falsifying" evidence and Harris's cousin had placed a handgun in the car without his knowledge.

"At no time did Mr Harris even know that his cousin was armed or that there was a firearm in his vehicle," according to the lawsuit.

Major Karen Rudolph of the Memphis police department said: "We are unable to comment on any ongoing litigation." The city of Memphis also declined to comment.