Parents file wrongful death lawsuit in Atlanta federal court over fatal 2022 Buckhead police shooting – WABE

The family of Nygil Cullins filed a wrongful death lawsuit against the city of Atlanta two years after police fatally shot him while he was allegedly in mental distress.

Additionally, family members and the Atlanta NAACP are demanding the release of body camera footage showing the circumstances leading to the 22-year-old’s death.

The 20-page lawsuit, filed May 17 in the U.S. District Court for the Northern District of Georgia in Atlanta, alleges civil rights violations, use of excessive and deadly force, inadequate training and supervision and negligence. It also names the Buckhead restaurant where the incident occurred and the security company that was hired.

According to the lawsuit, Cullins was legally carrying a handgun while eating at Fogo de Chao on May 18, 2022, when an employee called 911 to complain about his presence. Cullins had previously worked at the restaurant.

“The APD operator refused to send officers to the restaurant because there was no allegation or allegation that Cullins was engaging in dangerous or illegal behavior,” the lawsuit states.

But an employee called police a second time and said Cullins was armed, which is when two Atlanta police officers, Andrew Strutt and Alex Luebbehusen, were dispatched to the restaurant, according to the lawsuit.

A security guard who worked at the restaurant that day, Tyler Huffman, allegedly gave false information to officers, suggesting that Cullins posed a physical threat.

So when the officers approached Cullins, they shocked him with a Taser even though he was already sitting on the ground with his hands raised. According to the lawsuit, the Taser struck Cullins, but it was not deactivated.

“The Taser attack caused Cullins such panic and fear that he got up and attempted to leave the restaurant without posing a threat or danger to anyone,” the lawsuit states.

Huffman then allegedly tackled and threw Cullins to the ground, which is when he grabbed Cullins’ handgun from the holster on his belt and caused it to discharge and hit him.

“When the handgun discharged, Strutt and Luebbehusen immediately aimed and fired both of their service firearms at Cullins,” the lawsuit states.

Cullins was one of 112 police shootings reported in Georgia in 2022.

An analysis by WABE found that nearly half of these cases were fatal and many were in response to a mental or emotional crisis like the one Cullins’ family claimed to be suffering from.

NAACP Georgia and Atlanta Chapter President Gerald Griggs said Cullins was shot at least 10 times.

Meanwhile, authorities said Cullins was acting unruly at the restaurant and was the one who shot the security guard before Atlanta police opened fire.

Griggs and only a few others were allowed to watch the video of Cullins’ shooting. While the Georgia Bureau of Investigation completed its review of the case last summer, the Fulton County District Attorney’s Office still has not responded to an open records request for the footage.

During an interview at Beyond Your Ordinary: Nygil M. Cullins Recovery Housing and Community Center in Macon, Mya Cullins said she has not given up hope that her son and other families in similar situations will get finally justice.

“I now have about 30 mothers that I talk to regularly who are crying and have been through the same thing,” she said.

“I don’t have any answers. I go around in circles and no one says anything to me. I met with the NAACP. They try to fight, but no one gives them answers,” the mother said.

“That’s the thing people are dealing with. Where is the timeline? What statuses will be implemented?

According to the lawsuit, Cullins’ family is seeking a jury trial and “just compensation” for his wrongful death and attorney’s fees.

A spokesperson for the city of Atlanta declined to comment due to “potential pending litigation.”