Judge dismisses wrongful death claims against Jacksonville police officer | Jacksonville

Only one claim out of what was a multi-faceted lawsuit over a police shooting remained on Friday after a federal judge dismissed a Jacksonville police officer from the suit this month, according to court records.

McBrayer ran to his car after police arrived, grabbed a box cutter and held it in his hand as officers demanded he “put the knife down,” according to the lawsuit. Edwards shot McBrayer five times in the chest and torso, according to the suit. The excessive force claim was later thrown out.

While the lawsuit was filed in federal court, the wrongful death claim against Edwards was a state claim, according to court records. Under state law, a wrongful death claim must be filed within two years of the incident for which the claim is made.

Last month attorney Terry Sides, representing Edwards, filed a motion to dismiss the wrongful death claim against his client because of the two-year limitation. Attorney U.W. Clemon, representing Flood, agreed the claim was governed by the two-year limitation but argued records were filed within that two years.

Efforts to reach Sides and Clemon on Friday were unsuccessful.

The suit was filed two years to the day after McBrayer’s death but Edwards was not served the suit until 77 days later, according to court records. Under state law, a defendant has to be served notice of the suit within the two-year limit.

Clemon filed records Aug. 2 conceding and agreeing with Sides’ understanding of the law. The next day Hopkins confirmed that the claim would be dropped and therefore Edwards would be removed from the suit.

One claim remains against the city for failing to properly train Edwards to deal with mentally and emotionally distressed people, according to court records.