Former LMPD detective who fatally shot Breonna Taylor files lawsuit in effort to get old job back

LOUISVILLE, Ky. (WDRB) -- The former Louisville Metro Police Department detective who fatally shot Breonna Taylor during a botched raid of her apartment in 2020 has filed a lawsuit in an attempt to get his old job back.

Attorney Scott Miller filed the lawsuit on behalf of Myles Cosgrove in Jefferson Circuit Court on Wednesday against the LMPD and the Louisville Police Merit Board.

Former chief Yvette Gentry fired Cosgrove on Jan. 5, 2021, for failing to properly "identify a target," when he opened fire -- violating the department's use of force policy -- and for failing to use a body camera.

In December, the seven-member Louisville Metro Police Merit Board voted 5-2 to uphold the firing, after hearing four days of testimony and deliberating for more than three hours.

But in the lawsuit, Cosgrove's attorneys described the merit board's decision as "arbitrary and unlawful" and accused the board of exceeding its authority and violating his due process rights.

Specifically, the lawsuit accuses one board member of failing to disclose a conflict of interest, without specifying what that conflict of interest is.

Additionally, it faults the board for not siding with Kentucky Attorney General Daniel Cameron's decision that Cosgrove's use of force was justified, and accuses it of applying different standards to Cosgrove than to other officers who took part in the raid.

It also claims that there was a "lack of substantial evidence" on several counts to support the board's decision.

Cosgrove's attorneys are asking a judge to reverse the merit board's decision and reinstate him, with back pay and benefits.

Late Wednesday afternoon, Miller issued a written statement to WDRB News, saying that, "

"This is the appeal, authorized by Kentucky state statutes, of the 5-2 decision of the Police Merit Board to uphold the termination of Myles Cosgrove by LMPD Chief Yvette Gentry. We continue to reiterate that Det. Cosgrove should not have been terminated and the decision of the Police Merit Board should be overturned because Detective Cosgrove's use of force complied with law, policy, and training. Otherwise, we rely upon the facts detailed in the appeal."

Lawsuits represent only one side of a story.

Mark Dobbins, an attorney who represents the LMPD Merit Board, was reached by phone on Wednesday afternoon. He declined to comment on the specifics of the lawsuit, but added that it is a regular part of the appeals process.

"Just from a mechanical point of view, I was expecting it," he said.

WDRB reached out to LMPD for comment on the lawsuit Wednesday afternoon, but at the time of this writing, had not heard back. In previous cases, LMPD has declined to comment on pending litigation.

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