Today Xavier Hempstead filed a federal civil rights lawsuit against Cleveland Police Officer Robert Miles and the City of Cleveland. On December 10, 2013, Xavier Hempstead was driving away from his mother’s house when he received a text message. He pulled over to the side of the road to respond. Officer Miles then approached Mr. Hempstead’s SUV from his blind spot and discharged his firearm twice through the rear passenger window. Mr. Hempstead was struck in his rear shoulder and the back of his neck. Mr. Hempstead was unarmed and not threatening anyone. Mr. Hempstead’s attorney, Adam Gerhardstein, said, “Xavier Hempstead should not have been shot. Officer Miles’ use of deadly force was unnecessary, avoidable, and senseless.”
At the time Officer Miles shot Mr. Hempstead, the Department of Justice was conducting an investigation into the City of Cleveland’s polices and customs of using and condoning excessive force. The issues raised by this shooting match those raised in numerous other police shootings across the nation where police have needlessly used deadly force on unarmed civilians. For further information, please read the Complaint.