A complaint has been filed in the United District Court for the Northeastern District of Oklahoma against the City of Miami and two Miami police officers Michael Kelly and Kelly Johnson by attorney Andrew Meloy on behalf of his client Floyd Miller of Commerce.
The complaint alleges that Miller, who at the time had warrants for his arrest, was spotted by the officers on Sep.10, 2011. It goes on to say that Officer Kelly stopped Miller and instructed him to turn around. Miller allegedly proceeded to turn and took off running. Officer Kelly then caught Miller, and while placing handcuffs on him, the complaint alleges, proceeded to knee him in the face.
The complaint says that Officer Johnson arrived on the scene and further alleges that while Miller was lying on the ground, proceeded to repeatedly punch, knee and kick him in the face.
The complaint states that Miller suffered bodily injuries, incurred medical expenses, and experienced pain, suffering, and emotional distress.
Meloy's federal court filed complaint alleges that Miller has been deprived of his Constitutional rights for cruel and unusual punishment and unreasonable searches and seizures.
Meloy also names the City of Miami as a defendant in the complaint alleging that the described actions by the officers resulted from the,“carelessness and negligence of the City of Miami, their agents, servants, employees, or other representatives, in supervising and failing to properly train Officers Kelly and Johnson.”
Miller is seeking a monetary judgement in excess of $75,000, punitive damages attorney fees and costs incurred.
Miami's Chief of Police George Haralson gave this statement, “Due to the fact that this is pending litigation members of the Miami Police Department will be unable to make any comments on this matter. The City Attorney is the only person authorized to speak on this issue.”
Miami City Attorney David Anderson said, “I will refrain from comment because it is pending litigation. It's been my practice not to try cases in the press and to allow the judge to get a handle on a case from the beginning.”
He added,“My initial review suggests that the complaints are without merit.”
Meloy declined to make any comment on the complaint.
According to Oklahoma District Court Records, Miller's criminal history includes these charges; May 5, 2007-Attempted Extortion, Sep. 15, 2010 -Domestic Abuse-Assault and Battery and Obstructing an Officer, May 13, 2011-Possession of CDS/Xanax and Hydrcodone, Sep.12, 2011 – Manufacturing of CDS – Methamphetamine AFCF.