(JACKSONVILLE, Fla.) — William McNeil, Jr., the 22-year-old college student whose violent arrest was captured in a viral cell phone video earlier this year, filed a federal lawsuit on Wednesday against two sheriff’s deputies involved in his arrest, the sheriff and the city of Jacksonville, Florida, after prosecutors declined to file criminal charges against the officers in the case.
McNeil was arrested during a traffic stop on Feb. 19 after police said he was pulled over for allegedly not having his headlights on while it was raining. He appeared alongside his attorney Ben Crump and Harry Daniels during a press conference in Jacksonville on Wednesday where the lawsuit was announced.
“I really just wanted my side of the story to be heard … I hope my story gets heard today,” McNeil said in brief remarks on Wednesday.
Court records say that McNeil was arrested and charged with “resisting arrest without violence to his or her person,” possessing not more than 20 grams of marijuana with intent to use drug paraphernalia, driving while driver’s license is suspended, not wearing a seatbelt and no headlights in rain/fog/or smoke.
Additionally, court records show that McNeil was sentenced to and served two days in jail for resisting arrest without violence and driving with a suspended license.
Crump said on Wednesday that the legal team filed the lawsuit “not just because of the violent, brutal attack on this young college student who wasn’t violent,” but also because prosecutors declined to file charges against the officers involved in this case.
The lawsuit, which was filed in the U.S. District Court for the Middle District of Florida – Jacksonville Division, accuses the officers of “excessive force” and alleges that the policies of the sheriff’s office and the city allow “officers to utilize unwarranted and excessive physical force against an individual who poses no immediate threat to the officer or to others.”
The lawsuit also claims that the policies of the sheriff’s office do not require officers to report all incidents of force.
“This policy creates a setting that promotes its officers to engage in illegal or excessive use of force without the fear of encountering any repercussions or consequences, nor the obligation to report such actions,” the complaint alleges.
According to the lawsuit, McNeil suffered a laceration to his chin and his lip, a fractured tooth and a closed head injury that led him to be “diagnosed with an ongoing traumatic brain injury.”
He is seeking a jury trial and at least $100,000 in damages for physical and emotional distress, at least $100,000 in punitive damages, as well as attorneys fees and other costs, the complaint says.
“As a result of pending litigation, we would be unable to comment further on this incident,” a spokesperson for the Jacksonville Sheriff’s Office told ABC News on Wednesday.
ABC News reached out to the city of Jacksonville but a request for comment was not immediately returned.
The officers involved are named in the lawsuit as D. Bowers and D. Miller. It is unclear if they have retained attorneys. ABC News has reached out to the Jacksonville Consolidated Lodge No. 5-30 of the Fraternal Order of Police (FOP), which is the union representing the officers, but a request for comment was not immediately returned.
Prosecutors announced the decision not to file any criminal charges against the officers in this case in a 16-page memo released on Aug. 13 by the state attorney for the 4th Judicial Circuit Court, which serves Clay, Duval, and Nassau counties in Florida.
“Officer Bowers conducted a lawful traffic stop and gave McNeil 12 individual lawful commands, which McNeil refused to obey. Repeatedly requesting a supervisor and arguing the merits of the traffic stop did not absolve McNeil from following lawful orders,” the memo said. “McNeil’s refusal to provide his identification, registration, and proof of insurance, followed by his refusal to exit the SUV, show his hands, and obey the officers’ orders, created a dangerous situation for all involved.”
Crump criticized that decision on Wednesday, saying, “Just because they say it’s legal, that doesn’t make it right.”
In response to the memo, the police union defended the officer’s actions in an Aug. 13 statement posted on its Facebook account.
“When you allow due process and thorough investigations to occur you get facts and evidence. Not emotions, agendas and politics being pushed by radical people in our community and some elected officials who felt like they had to hear themselves speak before all the facts were known,” the union said.
Crump and Daniels criticized prosecutors for not filing charges and called on the U.S Department of Justice to investigate this case in a Sept. 8 statement.
“It’s not just how violent and brutal these officers were. It’s that they were absolutely unapologetic because they knew no one was going to hold them accountable,” Daniels said. “It’s clear that the State Attorney’s Office refuses to do anything about it. So we’re calling on the Department of Justice.”
ABC News reached out to the DOJ but a request for comment was not returned.
Sheriff T.K. Waters announced an internal review of the incident during a July 21 press conference and said that the actions of the officers were being examined in an “administrative review,” which will determine if the deputies “violated [Jacksonville Sheriff’s Office] policy.”
“Pending the outcome of this administrative review, Officer Bowers has been stripped of his law enforcement authority,” Waters said at the time. It is unclear if other deputies involved in the arrest have been placed on administrative leave.
Asked about the status of the investigation and the employment status of officers named in the lawsuit, the Jacksonville Sheriff’s Office did not immediately respond to a request for comment.
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