Judge throws out lawsuit against former Louisville officer who hit man in head during 2020 protests

LOUISVILLE, Ky. (WDRB) -- A Louisville judge on Friday threw out a lawsuit against the city and a former officer who hit a man in the back of the head with a baton while he was kneeling with his hands up during the 2020 protests.

Martin Chester was surrendering when former Louisville Metro Police Officer Cory Evans hit him with his police baton during the Breonna Taylor protests on May 31, 2020.

Evans pleaded guilty in 2021 and was sentenced to two years in prison, two years of supervised probation and nearly $2,000 in restitution after admitting to hitting Chester.

But a lawsuit filed on behalf of Chester against Evans and the city was dismissed by special Jefferson Circuit Court Judge Irv Maze on Friday because it wasn’t filed until May 2022, violating the state’s one-year statute of limitations.

"To be sure, the events that took place in Louisville will forever show that there has to be improvements made by many to repair the damage that impacted our community," Maze wrote. "That said, however, this Court is required to enforce statutory law."

An attorney for Chester did not immediately return a call for comment.

The lawsuit claims that Chester went to his knees and put his hands in the air when an order was given by police to disperse a crowd of protesters.

Chester had drifted from the crowd and was alone in the street when Evans ran up to him and struck him with his police baton, according to body camera video.

Chester's head was gushing blood and he said that he wanted to go to the hospital, but LMPD took him to the police station for processing, according to the suit.

Initially, Evans told a supervisor that Chester injured himself by falling off a chain-link fence and hitting his head on the concrete.

"I was embarrassed by what I did," Evans said during his sentencing. "I was tired. I was broken. I wanted to be home with my family."

This story may be updated.

Top Stories: