LOUISVILLE, Ky. (WDRB) -- A lawsuit filed against Breonna Taylor's boyfriend by the Louisville Metro Police officer he shot during the March 13, 2020, raid on her apartment has been dismissed at the requests of both sides, according to court records.
Former LMPD Sgt. Jonathan Mattingly claimed that Kenneth Walker acted "willingly or maliciously" while suing him in October 2020 for battery, assault and emotional distress. Mattingly, who retired from the department in June 2021, had requested a jury trial, compensatory and punitive damages.
"Walker's conduct in shooting Mattingly is outrageous, intolerable, and offends all accepted standards of decency and morality," Mattingly's attorney, Kent Wicker, wrote in the lawsuit.
On Friday, the lawsuit was dismissed by Jefferson Circuit Court Judge Brian Edwards in an agreed order from both parties, with each side paying their own costs and fees.
"Kenny is happy to have this behind him and eager to get back to rebuilding his life and honoring Breonna's legacy," said attorney Fred Moore, one of Walker's lawyers.
Attorney Bill Brammell, who represents Mattingly along with Wicker, confirmed the case was dismissed by agreement but declined to comment further.Â
In a statement sent to WDRB, Mattingly said he decided to drop the lawsuit after "much prayer and discussion with my family and attorneys.
"The unforeseen tragedy and tragic death of Breonna Taylor has caused pain and division in our community for over 3 years. I still believe much of the chaos caused by misinformation and lies could have been avoided had city leaders simply been transparent and honest from the beginning. However, it's past time to begin the healing process and bring Louisville back together. I pray this action can be that first step in the healing process."Â
Walker, who has claimed he was acting in self-defense, believing officers were intruders breaking into Taylor's apartment, settled a lawsuit against the city for $2 million in November.
Walker fired a single shot from a 9 mm handgun that hit Mattingly in the upper left thigh when LMPD officers serving a search warrant used a battering ram to break down the door to Taylor's apartment near Pleasure Ridge Park shortly before 1 a.m. Mattingly underwent surgery to repair his femoral artery in the hours after the raid.
Mattingly, former Detective Myles Cosgrove and former Detective Brett Hankison combined to return 32 shots. Taylor was hit six times and died in her hallway.
Walker was initially charged with attempted murder of a police officer, but the case was later dismissed.
Mattingly's attorney had argued that officers repeatedly knocked and announced their presence outside Taylor's apartment — "so loud that at least one of Ms. Taylor's neighbors came out of his apartment to see what was going on." Other neighbors however, disputed how clear their announcement was.
Only one witness said he heard the officers announce themselves before the shooting began, according to court documents.
Police were looking for money or drugs involving Jamarcus Glover, who was at the center of a narcotics probe by Louisville police. The warrant for Taylor's home was executed around the same time that police served other warrants on suspected drug houses in the city's west end — some 10 miles away.
No drugs were found in her home.
Last August, the U.S. Department of Justice charged four former Louisville police officers with federal crimes in connection with the raid of Taylor's home.
Joshua Jaynes, Kyle Meany and Brett Hankison face charges that include civil rights offenses, unlawful conspiracies, unconstitutional use of force and obstruction.
Another former officer, Kelly Goodlett, has already pleaded guilty to conspiracy for knowingly including false information in the search warrant affidavit used to raid Taylor's home and then conspiring with Janes to cover it up.
Goodlett is expected to work with prosecutors and possibly testify against other officers. She will not be sentenced until the trials of the other three officers have concluded.
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