Ricky Ball’s family has filed a notice of intent to sue the city of Columbus.
The city confirmed Wednesday evening that it received the letter on Tuesday.
Ball, 26, was shot and killed by former Columbus Police Officer Canyon Boykin on Oct. 16, 2015. His family may sue the city for wrongful death.
The Mississippi Bureau of Investigation conducted a criminal investigation into Ball’s death. MBI sent its findings to District Attorney Scott Colom at the beginning of June. Colom has since sent the case to Mississippi Attorney General Jim Hood’s office and requested a special prosecutor.
Mose Lee Sudduth, a Vernon, Alabama, attorney representing Ball’s father, Ricky Martin, said the family is still determining if it will indeed file suit. However, he said the notice is a procedural matter for if the family does decide to sue the city. He said state law requires giving a government entity 90 days notice of intent to sue.
“We’re doing our own investigation to find out everything there is to find out,” Sudduth said. “Once we do that, we’ll be able to decide intelligently and go forward with a lawsuit if a lawsuit will be filed.”
Sudduth said he couldn’t provide the notice letter Wednesday evening without permission from Martin. But, he said the letter claims wrongdoing on the city’s part that was unprovoked. He said the letter names the city of Columbus, three CPD officers who were present — Boykin, Johnny Branch and Yolanda Young — and CPD as a general catch-all for any entities who may be involved in a potential lawsuit.
The city will have 95 days to respond to the allegations of wrongdoing, Sudduth said. If the Ball family moved forward with the suit, he told The Dispatch it is still unclear whether it would be filed in circuit or federal court.
“Right now we’re just in the very, very preliminary stages of this,” he said. “We’ll know a lot more over the coming weeks.”
In a statement issued Wednesday evening, city attorney Jeff Turnage said the city has not received findings from MBI’s criminal investigation into the case.
“The Mississippi Bureau of Investigation has not released their findings to the city from their investigation of the case,” he said. “The report has only gone to the District Attorney’s office. Once that information is made available, the city will be ready to defend the case in the courts.”
Boykin fatally shot Ball during a traffic stop where Ball fled the scene. The city later fired him for not initiating his body camera and carrying an unauthorized civilian in his patrol car at the time of the incident, as well as for posting derogatory remarks toward African Americans, women and disabled people on social media.
The city suspended Branch and Young for not initiating their body cameras. Young has since left the city police force.
Boykin is also suing the city in federal court for wrongful termination.
Alex Holloway was formerly a reporter with The Dispatch.
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