A Texas man has filed a lawsuit against a state police officer who shot and killed a black motorist during a traffic stop, accusing the officer of having a “racist mindset” and “slanderous and false allegations.”
A civil rights lawsuit filed Wednesday accuses officer Patrick J. Mays of excessive force and violating his constitutional rights, the Austin American-Statesman reported.
Mays, who is white, fired at 41-year-old Brian Lomax during a July 2016 traffic stop in which Mays says Lomacx tried to evade him with his hands in the air and ran a red light.
Moynihan County Sheriff David Ralston said Lomacek was unarmed and had no weapons and no license to carry.
Ralstal said Lomsax had a valid Texas driver’s license and that he had just returned from a visit to the hospital.
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Lomax was hit in the back and died a short time later.
May’s lawyer, Mark Hensley, said his client is a proud, patriotic American who served his country in the Air Force.
Mains family did not immediately return a phone message left Wednesday by The Associated Press seeking comment.
The officer has been placed on administrative leave while the lawsuit is pending.
A district attorney’s office is reviewing the shooting.
The Austin American Statesman reported that Mays, a six-year veteran of the Texas Department of Public Safety, is the first officer in the state to be placed on leave following a fatal shooting.
A video of the shooting, obtained by the paper, shows Mays pulling Lomach out of the vehicle after Lomachek refused to stop.
The officers department did not comment on the shooting or the lawsuit.