MONTGOMERY, AL (WSFA) - A lawsuit against Montgomery police appears to be only a few weeks away from trial. The suit alleges police brutality. The city wants it dismissed. But Monday a judge denied that motion. And now the city is asking the state supreme court to issue an order that would override that circuit court judge's ruling.
The three plaintiffs say they were kicked, yanked and stomped by officers. One of whom is a paraplegic. 24-year old Deshad Berry says police thought he was lying about being paralyzed from the chest down after being shot six years ago.
Berry says he was stopped during a road block. And officers pulled him out of his car and caused him to fall and injure his back.
41-year old Kamessa Williams says she has a degenerative bone condition and arthritis. She is accusing an officer of kicking her to the ground and stomping on her back.
Neither Berry nor Williams was arrested. But they say they were humiliated and emotionally scarred for life. And are still suffering from injuries.
When we reached out to the city for a response, an official told us it's the city's policy to not comment on pending litigation.
The attorney representing the three plaintiffs Julian McPhillips filed a response to the city's petition on Friday.
That trial is set for September 26th.