Defendants file motions to dismiss in $30M wrongful death lawsuit in Andrew Brown case

ELIZABETH CITY, N.C. (WAVY) — The defendants named in a wrongful death lawsuit filed by the family of Andrew Brown Jr. — the man shot and killed by authorities in Elizabeth City in April as they attempted to serve search and arrest warrants — have filed motions in federal court to dismiss the suit.

Two motions were filed: One on Friday and another Monday. The motions state the lawsuit fails to state a claim upon which relief may be granted.

The wrongful death suit seeks more than $30 million in damages for “emotional distress, humiliation, loss of enjoyment of life, and other pain and suffering.”

It alleges excessive force by personnel from the Pasquotank County Sheriff’s Office. Authorities tried to serve search and arrest warrants at a home on Perry Street on April 21. As Brown was driving away, they fired a fatal shot, but no one was criminally charged in Brown’s death.

In May, District Attorney Andrew Womble cleared the officers involved in shooting Brown April 21 in front of his home. But now that it’s a federal case, the attorneys for his family will have the power of discovery and subpoena.

A copy of body camera footage has not been released to the public, however, attorneys and Brown’s family were able to see about 19 minutes of footage.

Seven deputies were initially put on leave after the fatal shooting, with four returning back to work shortly after. The three deputies who shot at Brown Jr. were not fired but were disciplined and retrained. One of them resigned at the end of June.

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