A federal jury today handed down a nearly $4.5 million verdict against the city of Birmingham and one of its police officers after finding that the officer used excessive force in the shooting of two people.

Birmingham officer Aric Mitchell shot and killed 28-year-old Jamarcus Moore after a car chase in 2019, according to court records. The officer also shot and injured Samantha Hardin, who was riding in the car with Moore, the records state.

Hardin and Moore’s sister filed a federal lawsuit in 2021, alleging the officer violated their civil rights. A report by state police said the officer fired his gun four times into their car.

The jury awarded $2.85 million in punitive damages to Moore’s estate. Jurors awarded Hardin $1.5 million in compensatory damages and $100,000 in punitive damages.

“When officers do wrong, and when the city does wrong by not holding these officers accountable, the justice system has to step in,” said attorney Johnathan Austin, who represented Hardin and Moore. “This jury sent a clear message to the city of Birmingham and its police department, that they will not stand for this type of reckless and callous behavior that was demonstrated by this police officer as well as the police department.”

Rick Journey, spokesperson for Birmingham, said the city plans to appeal the verdict. “Beyond that, the city does not discuss ongoing litigation.”

In June 2019, Moore was driving with Hardin from Fairfield to Ensley when they noticed a police officer following them with flashing lights, per the lawsuit. Moore sped away from the officer because he had a warrant out for his arrest and he wanted to be present for the coming birth of his daughter, the lawsuit says. When the chase reached Hueytown, the police cruiser plowed into the rear passenger side of his car, per the lawsuit.

Officer Mitchell got out of his police car and started firing his gun into the closed driver’s side window of the vehicle without warning, shooting Moore multiple times in the chest, the suit says. He also shot Hardin, which broke her leg. Another officer came up and told them to put their hands up, per the lawsuit – Moore couldn’t because he was incapacitated, so the officers pulled him out, put handcuffs on him and placed him face down on the ground. The coroner later pronounced him dead.

In response to the lawsuit, the city said in court records that Mitchell was cleared of any wrongdoing in an internal investigation as well as by the Bessemer District Attorney’s office and the Alabama Law Enforcement Agency.

The city also said in court records that officers followed police department policies and used “only such force as was necessary to protect the public from the violent actions” of Hardin and Moore.

Police in their statements at the time said that someone fired shots from Moore’s car.

Austin said that while a gun was found in the car, neither Moore nor Hardin posed harm to Officer Mitchell to justify the shooting.

Fredric Fullerton and Samantha Chandler, attorneys for Birmingham and Officer Mitchell, declined to comment.

After a four-day trial, the federal jury found that Officer Mitchell “perceived that Mr. Moore posed an imminent threat of serious physical harm to the officers or others” but also that the officer “intentionally committed acts” that violated Moore and Hardin’s constitutional protections from excessive or unreasonable force,” according to the verdict forms.

They also found that when Mitchell shot them, the officer acted “with a design or purpose to inflict injury without reasonable justification” and that the officer’s “wrongful act, omission or negligence” caused Moore’s death, the verdict states.

The jury rejected Hardin’s assault and battery claims against the city and Mitchell, finding that Mitchell did not intend to shoot Hardin.

“We’re happy, we’re definitely pleased with the verdict,” said Richard Rice, another attorney representing Hardin and Moore’s sister. “This family has been grieving over this situation.”

Joseph D. Bryant contributed to this report.