Carter filed a lawsuit for injuries he sustained after he was shot by Trenton Police officers in June of 2003. The trial court ruled in favor of the Trenton Police officers. Cliff Bidlingmaier represented the appellant, James Carter, on appeal from the Superior Court of New Jersey that was argued on March 16, 2010.
Carter was at home when a friend of his, Marion Kind, showed up and told him that he had just shot someone and did not expect to live much longer. Kind had, in his possession, a firearm which he reloaded while in the presence of Carter. He then left Carter’s property and proceeded into a dark alley. Carter followed Kind and called the police as he feared that Kind would harm himself or someone else.
An officer was dispatched to the alley where the two men were. When the officer arrived he ordered that they both put their hands up. Carter asserted that he was the one who had called for help and put his hands in the air. Kind did not comply with the officer’s demands and instead fired at the officer. Two other officers responded to the scene and fired at both Carter and Kind. Carter was shot in the leg and foot.
James Carter was arrested and transported to the hospital where he remained handcuffed and under police guard until the next morning when the police determined that he was not involved in the shootings.
On appeal, the court found that the police department did not act unreasonably under the circumstances. Read more here: JAMES E. CARTER v. THE TRENTON POLICE DIVISION