Family of man shot by police sues officer, city



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Posted on September 17, 2013 at 10:11 PM

Updated Tuesday, Sep 17 at 10:20 PM

AUSTIN -- The family of a man fatally shot by an Austin police detective in July has sued the officer and the city of Austin, according to a lawsuit obtained Tuesday night.

The suit alleges that Detective Charles Kleinert engaged in racial profiling, used excessive lethal force, and violated Austin police policy in the death of Larry Eugene Jackson.

The suit was filed late Tuesday in U.S. District Court but does not seek specific monetary damages.

"At no time whatesoever did Larry Jackson Jr. pose an imminent threat of death or serious injury to Defendant Kleinert," the suit said.

The suit comes after a July 26 shooting near the Benchmark Bank at 35th Street and Shoal Creek. KVUE News and its exclusive news partner, the Austin American-Statesman, obtained a copy of the lawsuit Tuesday night.

Police have said that Jackson tried to enter a bank that had been robbed earlier that day to possibly pass a forged check.

Officials have said that when Kleinert tried to question Jackson, he fled, beginning a foot pursuit that ended under a bridge a short distance away. Police said Kleinert and Jackson then got into a struggle and Jackson was shot in the back of the neck.

According to the lawsuit, Jackson went to the bank “to conduct a banking transaction,” the details of that transaction are not describe. Kleinert questioned Jackson about “why he was in this part of town (a predominately white area).”

Jackson took off on foot, but Kleinert caught up with him, the suit alleges.

“Jackson eventually turned and attempted to get away from the enraged Kleinert,” the suit said. “Kleinert then unholstered his duty weapon and shot Jackson.”

Attorney Adam Loewy, who is representing the Jackson family, told KVUE News and the Austin American-Statesman Tuesday, “I think this is the worst police shooting that this city has ever seen. The evidence is overwhelming that this detective committed a criminal act.”