The latest update on the ATF Agent Burk lawsuit is that it is still pending in federal court. The lawsuit was filed in December 2020, and a trial is scheduled to begin in May 2024.
The lawsuit alleges that ATF Agent James Burk was subjected to excessive force by Columbus police officers Joseph Fihe and Kevin Winchell in September 2019. Burk was investigating a report of an illegally-held firearm when he encountered the suspect, who called 911. Fihe and Winchell arrived on the scene and ordered Burk to put his hands up. Burk identified himself as a federal agent and explained that his badge was in his pocket, but the officers did not believe him. They drew their guns and ordered Burk to get on the ground. Burk refused, and the officers tased him and kicked him.
Burk suffered injuries to his head, neck, and back as a result of the incident. He has since been moved to an administrative role within the ATF.
The lawsuit names the City of Columbus, Fihe, and Winchell as defendants. It seeks damages for Burk’s physical and emotional injuries, as well as punitive damages.
The city of Columbus has denied any wrongdoing by its officers. The case is still pending, and it is not clear how it will be resolved.
In a similar case, the city of Columbus recently agreed to pay $440,000 to settle a lawsuit filed by a man who was tased and beaten by police officers during an arrest for an unpaid traffic ticket. This suggests that the city may be willing to settle the Burk lawsuit as well. However, it is also possible that the case will go to trial.
The outcome of the Burk lawsuit could have implications for other cases involving excessive force by police officers. If Burk is successful in his lawsuit, it could set a precedent that makes it more difficult for police officers to claim qualified immunity, a legal doctrine that protects them from civil liability for their actions.
