From [HERE] A 20-year-old Black man is suing Columbus police, accusing an officer of “sadistic and malicious use of excessive force” for shooting him after mistaking him for a suspect in a shooting. 

Jaylen Fisher was pursued and shot in the back while he was attempting to get away from a live shooter at a gas station on South High Street. Officers misidentified Jaylen Fisher as the suspect and pursued him in a car and on foot, according to the lawsuit filed in February in U.S. District Court in Columbus.

Fisher was not charged with any crime related to the initial shooting, which prompted the police response and resulted in no other injuries.

According to the complaint:

‘On March 1, 2022, at approximately 4:22 pm police responded to a shots-fired call at 3377 East Livingston Ave Columbus, Ohio. Without justification, Defendant Kissee escalated the situation with the use of hostile commands. Ultimately without justification, Defendant Kissee shot Jaylen Fisher in the back while Jaylen Fisher was attempting to surrender to police.

It was clear to an average observer that Jaylen Fisher was suffering from an injury requiring immediate emergent medical treatment.

Jaylen Fisher was rushed by ambulance to the hospital. It was discovered that he suffered a gunshot wound to the left mid-thigh and a gunshot wound to his testicles.’

It further states that “Columbus Police Department had interrelated de facto policies, practices, and customs which included

a) The failure to properly hire, train, supervise, discipline, transfer, monitor, counsel, and/or otherwise control Columbus Police Department Officers who engage in unjustified use of excessive and unreasonable force, including unjustified shootings;

b) a code of silence

c) The failure to properly investigate the use of excessive and unreasonable force

against civilians, particularly African Americans, by Columbus Police Officers and/or

d) The failure to properly train and supervise Columbus Police Department

Officers with regard to discharging their weapons at civilians, particularly at

African Americans.

The Columbus Police Department has engaged in little or no meaningful disciplinary actions in response to Mr. Kissee’s own misconduct, thereby creating a culture or climate that members of the Coumbus Police Department can escape accountability with impunity.”

Fisher accused Columbus Black strawboss police Chief Elaine Bryant and the city in the lawsuit of a prolonged practice of using excessive force, which was the “moving force” behind Kissee’s “excessive, malicious and sadistic” use of force. 

In February, the city filed a motion to have two legal claims made in the lawsuit dismissed and to remove Bryant as a defendant. Fisher’s attorneys said in a separate filing that they do not oppose dismissing Bryant or the legal claims.