In a filing on Friday, Sureshbhai Patel’s attorney Hank Sherrod amended his earlier lawsuit to exclude “claims and parties” that could cause a “loss of momentum” in the case.
As a result, the lawsuit now focusses on one police officer — Eric Parker, who was arrested and charged with assaulting 57-year-old Patel on the morning of February 6.
Sherrod’s earlier, and the first lawsuit, had mentioned two police officers, without naming them, as defendants along with the city of Madison. Now it’s the city and Parker, named.
After searching Patel, “without provocation, Parker restrained Patel’s arms and slammed Patel face first into the ground,” said the amended lawsuit.
The second officer, who was a trainee, has not been charged.
In the dashboard cam tape released by Madison police, it was clearly Parker who held Patel by the arm, behind the back and then slammed him face first to the ground.
“The lawsuit is in the very early stages,” said Herrod in a statement explain the amended suit, adding, “We are still investigating the case and have many months to amend the complaint to add claims and parties.”
As of now, “the lawsuit deprives the defendants of any basis for filing motions to dismiss and seeking a stay of discovery”. Including too many parties and claims, Sherrod maintained, “at this point would likely cause a loss of momentum in our pursuit of justice for Mr. Patel”.