Man shot by East Point, South Fulton police after chase plans to sue both cities

A man who was shot by East Point and South Fulton police officers in December plans to sue both cities after he said the officers fired at him even though he wasn’t a threat.

Devin Nolley, 35, is paralyzed from the waist down after the shooting and will never walk again, Channel 2 Action News reported. He told the news station his attorney has put both cities on alert that he plans to file a civil rights lawsuit unless each pays $15 million.

The incident began as a chase after police said a car was “driving erratically,” AJC.com previously reported.

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After first spotting the car at Camp Creek Marketplace, authorities encountered it again at a RaceTrac in the 3500 block of Camp Creek Parkway and determined the vehicle was stolen, East Point Detective Ebony Bullock told AJC.com in a statement soon after the incident.

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Police said officers followed the car to a Publix in the 3700 block of Carmia Drive and approached it.

The police pursuit ended on I-285 South near Washington Road.

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“The suspect vehicle then accelerated toward officers, striking an East Point vehicle and shots were fired,” Bullock said. “A pursuit ensued that entered neighboring jurisdictions.”

Nolley’s attorney said that’s not true.

“He didn’t hit the car. Not at all. He drove around. And they started shooting at him,” attorney Jackie Patterson said.

What happened next was a pursuit that ended on I-285 South near Washington Road. At some point, Nolley got out of the car and took off running, according to police. That’s when they shot at him again, his attorney said.

“They shot him in the back twice. They shot him in the leg twice,” Patterson said.

The GBI was called to investigate the shooting. Soon after the incident, spokeswoman Nelly Miles said there was no evidence that Nolley had a gun.

The officers involved were identified as Rodney Etienne and Shiron Varner from East Point and David Jira from South Fulton.