April 21--A man who has been indicted in state court for attempting to kill a Metro police officer has sued that officer and Metro government in federal court over a gunshot wound that paralyzed him.
Metro police went to arrest Michael Joseph Smith III in April 2010 after he allegedly charged more than $1,000 to credit cards of the Wyatt, Tarrant & Combs law firm where he was working as a courier.
Police said Smith attempted to flee and struck Metro Officer Chad Barth with his car in a West End Avenue parking garage. Barth fired several shots at the vehicle, one of which clipped Smith's spinal cord, paralyzing him from the chest down.
Smith's lawsuit filed Tuesday in U.S. District Court claims that Smith had returned to the law firm to pay for a plane ticket he had purchased on a Wyatt credit card given to him to purchase office supplies when he was confronted by Barth.
The lawsuit claims that Smith got in his car to leave when Barth told him he was under arrest but didn't say what for. The lawsuit alleges that Barth slipped and fell as Smith was leaving and that Smith did not try to run over Barth or make any threatening gestures or statements.
The lawsuit seeks unspecified damages for personal injuries, pain and suffering, permanent impairment, medical expenses and loss of enjoyment of life.
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