Black Man's Lawsuit against Cumberland Deputy for Drug Raid Shooting Dismissed

A federal judge dismissed a lawsuit accusing a Cumberland County deputy of violating a man’s rights when he shot him during a drug raid. A lawyer for the man who was shot says the judge, Chief United States District Judge Louise Flanagan, got the facts in the case mixed up and reached the wrong conclusion. Goldberg plans to ask Flanagan to reconsider her ruling. He hopes to present the case to a jury. The shooting happened Feb. 27, 2003. Capt. LaRue Windham shot Charles Alford of Georgia while police were raiding the house to seize drugs and other contraband. Alford, who was unarmed, was shot three times with a semi-automatic machine pistol and severely injured. He has recovered. Windham was cleared of criminal wrongdoing in July 2003. Alford, meanwhile, sued Windham and Sheriff Moose Butler in federal court. He accused them of violating his civil rights, of trespassing, assault and battery, negligence and supervisory liability. Flanagan ruled that the deputies properly raided the house under a search warrant.  Flanagan’s ruling says Alford admitted he stayed up and was moving toward Windham. Goldberg disputes that. “Charles Alford never admitted approaching the police officer and, in fact, said that he was moving backwards at the time he was shot,” Goldberg said. Alford was dazed, Goldberg said, because another deputy had hit him in the mouth a moment before. Flanagan’s ruling says that Windham admitted hitting Alford; Goldberg says that in his testimony, Windham denied hitting Alford. Windham testified, Goldberg said, that he shot Alford when a woman in the home jumped on his back. In her ruling, Flanagan did not mention testimony about the woman — Lakina Alford, according to Goldberg — jumping on Windham’s back. Goldberg said Charles Alford and other witnesses testified that Lakina Alford did not jump on Windham’s back, and other deputies testified that they weren’t in a position to see whether she did.

• Black Man sues over drug raid shooting [more]