MOTHER OF MAN SHOT BY POLICE FILES SUIT

Woman Says Son's Civil Rights Violated

LOUISVILLE (AP) -- The mother of a black man who was fatally shot by a
white police officer in January filed a federal lawsuit yesterday claiming
her son's civil rights were violated.

The lawsuit says Michael Newby's constitutional rights were ignored when
officer McKenzie Mattingly shot him in the back three times after an
undercover drug deal that went wrong.

The suit, filed in U.S. District Court in Louisville, also charges the
police department and Louisville Metro Government with failing to properly
train Mattingly and prevent Newby's death.

Mattingly, 31, was indicted earlier this month on murder and wanton
endangerment charges by a Jefferson County grand jury. He has pleaded not
guilty and is free on bond.

Newby's mother, Angela Bouggess, is seeking $5 million in compensatory and
punitive damages, said her attorney, Thomas Clay.

A spokesman for the county attorney's office said government and police
officials would have no comment on the allegations in the suit until a
response is filed in court. Mattingly's attorney in the criminal case,
Steve Schroering, declined to comment on the civil claims.

The lawsuit came a day after prosecutors filed hundreds of court documents
in the criminal case against Mattingly. The officer has been on paid
administrative leave since the Jan. 3 shooting outside a western Louisville
liquor store.

Mattingly told investigators he believed Newby, 19, was trying to kill him
even though he never saw a weapon. Other officers said a .45-caliber pistol
was found in Newby's waistband after he was shot and handcuffed.

Mattingly said he tried to arrest Newby and the two struggled over his
service handgun. According to the interview, the gun discharged and
Mattingly thought Newby had pulled the trigger.

According to the lawsuit, Mattingly's actions violated Newby's 4th and 14th
Amendment rights to be free from unreasonable seizure. It also finds fault
with his training, arguing that "it is improper for the undercover
narcotics officer to pursue, arrest or apprehend potential suspects or get
out of his vehicle." That should have been done by a backup officer, the
suit said.

Clay said the criminal evidence filed Thursday will bolster his civil case,
noting that both prosecutors and grand jurors have doubted Mattingly's
explanation for the shooting.

If convicted on the murder charge, Mattingly could receive a sentence of 20
years to life in prison.

Jerry Bouggess, Newby's stepfather, said the lawsuit was necessary "so
black men don't have to fear for their lives when confronted by any officer."

Newby was the seventh black man killed by police in the past five years in
Louisville. His shooting by Mattingly, who is white, prompted a series of
protests in the city.

The Rev. Louis Coleman, who has led many of the protests, said police need
to be held accountable for their actions.

"This community is looking for more than an indictment," he said. "It was a
$100 drug deal, and a young man is dead. The circumstances are totally
unjustified."

Newby's mother, who emerged from the courthouse Friday with tears in her
eyes, said she hopes the lawsuit brings change to the police department.

"Everyone who knew Mike knew that he was a good guy," she said. "He didn't
deserve it."