Family settles with two officers in 2021 death of Alabama father; lawsuit continues

Two police officers accused of using excessive force during the 2021 arrest and death of Michael Broady have reached a settlement with his family, according to newly filed federal court records.
The settlement resolves all claims against Reform Police Officer Kallenna Homan and Gordo Police Officer Austin Moss, who have now been dismissed from the lawsuit with prejudice. However, the federal civil rights case continues against Pickens County Sheriff’s Deputies Brian Herd and Taylor Gregory, who remain defendants. The terms of the settlement were not disclosed in court filings.
Court records show attorneys representing Broady’s family, Moss and Homan jointly informed the court in May that they had “fully settled and resolved” all claims against the two officers and asked that those claims be dismissed.


A federal judge granted the request the following day, ending Moss and Homan’s involvement in the lawsuit. Lawsuit followed release of body-camera video.

The settlement comes months after Broady’s family amended their federal lawsuit following the release of body-camera video that attorneys said revealed previously unseen details about the encounter.

ABC 33/40 previously reported that attorneys for Broady’s family obtained nearly 40 minutes of body-camera footage showing the final moments before the 40-year-old died after being taken into custody in August 2021.

The video shows Broady initially speaking with officers before being handcuffed on an outstanding child support-related warrant. After standing with officers for several minutes, Broady used his cell phone to call 911 while still handcuffed. Moments later, officers took him to the ground.

The amended complaint alleges Broady was repeatedly tased while handcuffed, struck with a flashlight, subjected to a flashlight chokehold, kicked while restrained and tased again after being placed inside a patrol vehicle. Those allegations have not been proven in court.

Attorneys representing the officers have consistently denied the allegations of excessive force.

Defendants have denied wrongdoing
When ABC 33/40 first reported on the amended lawsuit, attorneys for the defendants denied any wrongdoing.

Pickens County attorney Randall McNeill previously said evidence would show Broady gained control of a Taser during the struggle and that toxicology results showed he had dangerously high levels of methamphetamine in his system.

Attorneys representing the municipal officers likewise denied allegations of excessive force.

The Alabama Department of Forensic Sciences previously ruled Broady’s cause and manner of death as “undetermined.”

The autopsy documented multiple abrasions, two Taser probes embedded in Broady’s torso and a fractured hyoid bone in his neck. The medical examiner concluded Broady’s methamphetamine concentration was within a potentially fatal range but also wrote that the significance of the neck injury and Taser deployments could not be determined from the available evidence.

Lawsuit narrowed over time
The federal lawsuit has changed significantly since it was first filed in August 2023.

The original complaint named numerous defendants, including Pickens County, several municipalities, police chiefs and Axon Enterprise, the manufacturer of Tasers. Over the course of the litigation, many claims and defendants were dismissed, leaving the lawsuit focused primarily on the individual officers involved in Broady’s arrest.

The most recent amended complaint alleged Officer Moss used multiple Taser deployments, struck Broady with a flashlight, used the flashlight as a chokehold and tased Broady while he was restrained inside a patrol vehicle. It also alleged Deputy Gregory kicked Broady while he was handcuffed on the ground and asserted excessive force claims against Herd, Gregory, Homan and Moss. Those allegations remain disputed.

Case continues against Pickens County deputies
Although the settlement removes Moss and Homan from the case, litigation continues against Deputies Herd and Gregory.

Court records show attorneys for both sides have agreed to participate in mediation before a federal magistrate judge. The mediation is scheduled for July 30, with all parties required to attend alongside representatives with settlement authority.

Source: https://abc3340.com/news/abc-3340-investigates/family-settles-with-two-officers-in-2021-death-of-alabama-father-lawsuit-continues