First on WSFA 12 News: Corporal Brown's Family Sues City

Montgomery, AL (WSFA) - The family of an injured Montgomery police officer has filed a lawsuit against the city.

Corporal David Brown was critically injured on his police motorcycle during a funeral escort detail last month. Brown was technically off duty at the time, and that is at the heart of the suit filed on Tuesday.

In the 6 page suit, Brown's family has one request for the city to grant David Brown worker's compensation. Brown is a 19 year veteran of the Montgomery Police Department, but on September 11th, he was working a funeral escort - a job the city considers "off duty". The lawsuit argues that Brown was performing the duties approved by the city of Montgomery - in a Montgomery police uniform - a job civilians aren't allowed to do.

The lawsuit cites state laws that suggest Brown is entitled to all benefits due from his employer under worker's compensation laws while acting within the scope of his job. David Brown's brother, Todd says filing the lawsuit is simply a business decision.

According to the suit, this should not come as a surprise to the city. A letter attached to the lawsuit documents a meeting between the city's risk manager and the Brown family on September 30th.  That is when the Brown's legal counsel gave the city 10 days to reverse its decision on Corporal Brown's benefits or a lawsuit would be filed. Brown says, "We never heard from them."

The Brown family says they are not seeking punitive damages,  only asking the city of Montgomery to grant Corporal David Brown worker's compensation benefits.

WSFA 12 News spoke with the city's spokeswoman, Carol Gunter. So far, we are still waiting for a response on the lawsuit.

As of Tuesday, doctors say Brown is fighting a treatable form of pneumonia, and is back on a ventilator.