Washington: In a surprise move, the attorney for Sureshbhai Patel has amended the lawsuit against the Madison Police Department to remove names of the two police officers allegedly involved in the use of excessive force against the Indian grandfather who is now unable to walk.
The initial lawsuit of February 12 was filed against Madison City and the two at-that-time unidentified officers - John Doe and Jim Smith.
Now Madison trainee police officer Eric Parker is only named in the amended lawsuit filed by Hank Sherrod, attorney for Sureshbhai Patel, on Friday.
The two videos released by the Madison Police days after the incident clearly shows there police officers at the scene of the incident.
While Parker was seen assaulting Patel, the two other police officers do not appear to be coming to the rescue of Patel or preventing Parker from doing so.
Parker has been fired from the police department and arrested on charges of third-degree assault.
He was later released on a USD 1,000 bail. He has pleaded not guilty and a bench trail is scheduled for April 29.
The Alabama Governor has apologised for the excessive use of force.
"American justice is better than what is now sought by Sureshbhai's local attorney, and limited by, the revised First Amended nine-page 'skinny' complaint filed on Friday as an obstinate act not to seek a full measure of justice," eminent Indian-American Attorney Ravi Batra said.
In his revised complaint, Sherrod says Patel, 57, was violently assaulted by Parker without provocation and was left partially paralyzed.
Patel had arrived in the US only days before to assist his son and daughter-in-law in caring for their 17-month-old son, who was developmentally delayed after a premature birth.
"On the morning of February 6, Patel walked the same path he had walked on other mornings since arriving in the United States, straight down Hardiman Place Lane, the street on which his son lived, and back. Patel's prior morning walks were without incident," he added.
The revised complaint says Parker and his trainee parked their patrol car, approached Patel, and ordered him to stop.
"Patel told the officers 'no English', 'Indian', 'walking', and pointed down the street and said 'house number' (actual number). This stop was without reasonable suspicion or probable cause and was illegal," he claimed.
"Parker then searched Patel for weapons. This search was unnecessary and illegal, as there was no reason to believe Patel was armed or presented any kind of danger or threat. After the search, without provocation, Parker restrained Patel's arms and slammed Patel face first into the ground," Sherrod said asserting that this use of excessive force.
"Patel's face was bloodied, but, much worse, there was significant trauma to Patel's spinal cord, and he immediately became paralyzed in his arms and legs. Emergency personnel were eventually called, and Patel was taken to Madison Hospital," the revised lawsuit said.
The lawsuit charges Parker on six count and seeks compensatory damages.