A lawsuit alleging East St. Louis police officers shot a man in the back during a car chase has been removed to federal court.

The defendants filed their notice of removal to the U.S. District Court for the Southern District of Illinois on Dec. 15 through attorney Michael L. Wagner of Clayborne, Sabo & Wagner in Belleville.

They claim removal is appropriate because federal court has jurisdiction over the action.

According to the Nov. 18 complaint, Milo Kimbrough alleges he was in the passenger seat of a vehicle and was waiting for his food to be prepared on Aug. 6. The vehicle was allegedly parked at Big C’s parking lot near the intersection of 29th Street and State Street in East St. Louis.

The plaintiff alleges several police cars appeared near the vehicle and officers attempted to arrest the driver when the driver backed up the vehicle and attempted to escape, the suit states.

“After he [the driver] had gotten out of the parking lot and was heading away from the police officers, the officers began firing at the car, striking the plaintiff in the back,” the suit states.

Kimbrough claims the officers were able to stop the vehicle and an ambulance arrived to take him to the hospital.

As a result of the incident, Kimbrough suffered severe injuries, including a gunshot wound to his back and paralysis, the complaint states. He also suffered pain, mental anguish, fear and consternation and incurred medical costs.

Kimbrough accuses the officers, identified as John Doe and Richard Roe, of depriving him of his rights and acting with excessive force.

Kimbrough also accuses the City of East St. Louis as a defendant, alleging it unlawfully assaulted and beat a citizen through its officers, used deadly force to combat a non-deadly force, struck a suspect on the head or neck with a blunt object and struck a suspect who had been subdued and handcuffed.

Kimbrough seeks compensatory and punitive damages of more than $300,000, plus costs, attorney’s fees and other relief the court deems just.

Jarrod P. Beasley of Kuehn, Beasley and Young in Belleville represents Kimbrough.

St. Clair County Circuit Court case number 14-L-760

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