Jeremy S. Marr, 35, died shortly after he was apprehended by Glasgow Police on April 14, 2020. Marr was apparently reported because he was inside Evie Tharpe’s home along Cleveland Avenue in Glasgow.
BOWLING GREEN, Ky. — Attorneys are seeking the dismissal with prejudice of a lawsuit against the City of Glasgow, Glasgow Police Department and three officers involved in the arrest and death of Jeremy S. Marr.
The lawsuit stems from an assertion that Glasgow Police caused the “wrongful death” of Jeremy S. Marr in April 2020. Glasgow Police responded to an apparent home invasion along Cleveland Avenue. The encounter between Marr and police ended after several taser deployments and physical aggression.
Kentucky State Police released last month body camera footage from Marr’s arrest.
The complaint was filed in the United States Western District Court in Bowling Green March 19. Joanna Marr and his daughter are named as the administrators of the Marr estate.
Matthew P. Cook, legal counsel for the defendants, filed a motion April 12 to dismiss the Estate of Jeremy S. Marr’s complaint against the City of Glasgow, Glasgow Police, Hayden Phillips, Guy Turcotte and Cameron Murrell.
“Plaintiffs’ Complaint fails to establish any constitutional violation or make out any viable common law claims,” Cook said.
A proposed order dismissing the case was filed May 3.
The dismissal order claims Glasgow Police cannot be sued as an individual entity.
“This Court and its sister court have repeatedly held ‘county and city police departments are not suable entities under Kentucky law,’” Cook wrote.
The individual officers are also to be treated as members of the entity since they were named in their individual and official capacities, according to the order. The counsel reasons the officers’ involvement in the suit is duplicative and they are “entitled to qualified immunity.”
Kentucky law permits qualified immunity, which is a condition that protects individuals from liability while they’re interacting in their capacities as employees or on behalf of organizations.
The entire complaint, if granted, will be dismissed with prejudice “for failure to state a claim upon which relief may be granted.”
The actual dismissal order is appealable, but the complaint would be permanently dismissed. A case dismissed with prejudice does not allow for the reoccurrence of that case.
It’s unclear when Judge Greg Stivers will enter an order regarding the matter.
