LOUISVILLE, Ky. – A Louisville judge dismissed a lawsuit on Friday against the city and former Louisville Metro Police Officer Cory Evans, who struck a man in the back of the head with a police baton during the 2020 protests following the death of Breonna Taylor. The decision was based on the lawsuit being filed after the one-year statute of limitations had expired.
The incident occurred on May 31, 2020, when Martin Chester, who had been peacefully surrendering, was struck by Evans while kneeling with his hands in the air. The protests that took place in Louisville, spurred by the death of Taylor, saw widespread demonstrations, and Chester’s encounter with Evans was captured on body camera footage.
Evans pleaded guilty in 2021 to charges related to the incident. He was sentenced to two years in prison, two years of supervised probation, and nearly $2,000 in restitution. In his guilty plea, Evans admitted to using excessive force when he hit Chester, who had drifted from the crowd and was alone in the street when Evans approached and struck him.
Despite the conviction, Chester filed a lawsuit against both Evans and the city of Louisville in May 2022, claiming that his constitutional rights were violated when Evans attacked him. The suit alleged that Chester was injured as a result of the baton strike, with blood pouring from his head. Chester requested medical treatment, but instead, he was taken to the police station for processing.
However, Judge Irv Maze ruled that the lawsuit could not proceed because it was filed more than a year after the incident, violating Kentucky’s statute of limitations for personal injury claims. In his ruling, Judge Maze acknowledged the impact of the events on the community, writing, “To be sure, the events that took place in Louisville will forever show that there has to be improvements made by many to repair the damage that impacted our community.” Nonetheless, Maze emphasized that the court was bound to follow the law.
Chester’s attorney did not immediately respond to requests for comment following the ruling.
At the time of the incident, Evans initially claimed that Chester had injured himself by falling off a chain-link fence and hitting his head on the concrete. However, body camera footage later revealed that Chester had been kneeling and unarmed when he was struck with the baton. Evans later admitted his actions during his sentencing, stating that he was “embarrassed” by what he had done, explaining that he was “tired” and “broken” and simply wanted to go home to his family.
The dismissal of the lawsuit has drawn attention to the complexities of legal recourse following incidents of police misconduct, particularly when strict deadlines for filing claims may prevent victims from seeking justice in the courts. The case serves as a reminder of the limitations imposed by the law, even in cases involving significant harm and public outcry.
