- Associated Press - Wednesday, March 25, 2015

CLEVELAND (AP) - A Cleveland police sergeant shot a man in the arm as he lay on the ground trying to surrender, a lawsuit filed Wednesday alleges.

Kipp Holloway, 27, said in the lawsuit that he suffers from physical and psychological trauma because of the May 21 shooting, and has lost most of the use of his left hand despite three surgeries.

His complaint and a report from a Cleveland police use of deadly force investigation identified the officer as Sgt. Timothy Patton. The report said Patton was confronted by a suspect and fired one shot at him. It said Patton refused to provide a statement after a prosecutor told investigators he should be read his rights.

Patton has not been arrested, and Holloway attorney Terry Gilbert said he was told the shooting is still under investigation. A Fraternal Order of Police spokesman did not return a call seeking comment, and a phone number for Patton could not be found.

A city spokesman declined to comment Wednesday.

In an interview at Gilbert’s office, Holloway said he asked a high school friend for a ride the morning of May 21 to run errands before the birth of his son. He said they noticed they were being followed and sped off. Holloway said he, the friend and another man in the car fled on foot after their vehicle crashed into a fire hydrant.

Holloway said he ran into a nearby garage to hide and, when he heard a police radio, he got on his stomach with his arms stretched in front of him. He said that after seeing a pair of boots at the garage entrance, he called out that he was black and unarmed. Holloway said the officer stepped into the garage and without saying a word, fired a shot from about 6 feet away. He said he was looking up at the officer when he was shot.

“I saw the fire in his eyes,” Holloway said.

The bullet went through Holloway’s arm and ricocheted into his chest, where a fragment remains.

He said Patton lifted him to his knees, stuck a gun in his mouth and asked where the other men were. The pain at that point was excruciating, Holloway said. “I didn’t know pain could go up to that level.”

Holloway was jailed after two days in a hospital. A Cuyahoga County judge dismissed two counts of breaking and entering against Holloway on Sept. 30 after prosecutors presented their case.

Holloway has a criminal record that includes convictions for breaking and entering, forgery, attempted aggravated robbery, attempted drug trafficking and receiving stolen property.


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