DECATUR, Ala. — Attorneys for former Decatur police officer Mac Marquette have filed a motion to dismiss a federal wrongful death suit. Marquette was identified as the officer who fired the shots that killed resident Steve Perkins the night of September 29, 2023.
Court documents filed Monday show Marquette is arguing that he was "acting within his discretionary authority" during the incident, and that Perkins' family, who filed suit against him, cannot prove that Perkins' constitutional rights were violated, nor that unreasonable use of force was taken.
Documents filed in the wrongful death suit indicate Marquette was the only officer in the incident to have fired shots when officers responded to a complaint regarding a vehicle being towed at Perkins' residence. Perkins reportedly was objecting to the repossession attempt.
Defense attorneys allege that Marquette identified himself as a police officer and ordered Perkins to the ground.
"The Complaint contains no allegations that Mr. Perkins complied with Officer Marquette’s order, nor does the Complaint allege that Mr. Perkins even attempted to comply with this order," says the motion in part.
Three other former officers named in the Perkins wrongful death suit, Christopher Mukadam, Joey Williams, and Vance Summers, filed motions in February to be dismissed from the case, arguing that the plaintiff "has failed to allege facts supporting a plausible claim for failure to intervene."
Mukadam, Williams, and Summers are listed as witnesses in Marquette's trial. Marquette has pleaded not guilty to the charges, and a trial is currently scheduled to begin in late October.