UPDATED: Madison police officer Eric Parker back at work

Published 5:45 am Wednesday, September 7, 2016

A Madison police officer placed on administrative leave after being accused of injuring Indian grandfather Sureshbhai Patel in a takedown maneuver has been reinstated, an official announced Tuesday.

In a statement posted to the department’s Facebook page, interim police chief Maj. Jim Cooke said officer Eric Parker had returned to work. Parker will be assigned to the department’s training unit until he completes required re-certifications. Once his training is complete, he will receive his duty assignment.

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“Since Officer Parker’s acquittal of all federal charges and the dismissal by the Attorney General of the misdemeanor charges against him, I have extensively reviewed all of the documentation regarding the case, and I have made the factual determination that Officer Parker’s actions in February 2015 did not amount to a policy violation,” Cooke said. “This decision was based on the review of all departmental and court documentation.”

Cooke said he realized there would be those who question his decision, but explained he could not share the internal documentation that led to the decision. He instead advised the public to read the memorandum opinion issued following Parker’s second federal civil rights trial, which — like the first — ended with a hung jury. The judge in those trials, Madeline H. Haikala, wrote the following:

“[T]he evidence demonstrates that Officer Parker complied with MPD policy regarding preliminary investigations of suspicious individuals and MPD’s ‘Response to Resistance’ policy…Officer Parker made a split-second decision in a rapidly evolving situation rather than a premeditated decision to use violent force.”

Cooke explained that Haikala’s opinion is an in-depth treatment of the law and its application to Parker’s actions. “I believe it will offer clarity to those who currently do not understand the decision I have made,” Cooke said. “It is important to underscore the fact that, despite rumors to the contrary, my decision was not influenced by any person or group. My decision is based solely on the facts of this situation and the application thereto of federal law, state law, and local policies and regulations.”

He went on to say that because of a civil lawsuit filed by Patel against the city of Madison, the department would have no additional comments until the case is resolved. An attempt to speak with Florence civil rights attorney Hank Sherrod III, who is representing Patel in that case, was unsuccessful Tuesday.

Rewind

Legal trouble for Parker began in February of last year after he and another officer responded to a report of a black man allegedly looking in garages on Hardiman Lane in Madison-annexed Limestone County. Dash-cam video captured the moment Parker took Patel to the ground. The maneuver resulted in a spinal injury after Patel hit the ground face first.

Parker said in court that Patel provoked suspicion during their February encounter by walking away from officers as they tried talking to him, putting his hands in his pockets and resisting during a pat down. Patel has said through an interpreter that he doesn’t speak English and didn’t understand Parker’s orders.

Third-degree assault charges were filed against Parker and he was placed on administrative leave. After the two federal hung juries, Alabama Attorney General Luther Strange filed a motion in May to dismiss the assault charges. Limestone County District Judge Doug Patterson agreed with Strange’s request and the local charges were dropped.

The ongoing civil lawsuit against the city of Madison accuses Parker of illegal seizure, unlawful search, excessive force, assault, false imprisonment and battery. Attorneys with the city filed a motion for the lawsuit to be dismissed in June. On Aug. 22, the lawsuit was amended to remove a claim of negligence. The amended suit also states Parker’s conduct “was either negligent, wanton, malicious, willful, or in bad faith.”

U.S. District Judge Virginia Emerson Hopkins is presiding over the case. The suit seeks unspecified compensatory and punitive damages, legal fees and more.

Muncey remains on administrative leave after being found guilty of contempt of court in April. He is accused of talking to Parker’s colleagues about their testimonies during the first federal trial.