An altercation between a former Demopolis Police officer and a suspect has resulted in another lawsuit – this one against the city of Demopolis and the ex-police officer.

Scott McArdle, a Montgomery attorney, announced Tuesday afternoon that he would file a lawsuit on behalf of Derrick Luther Cox against the city and Charles Anthony "Tony" Gary for an incident involving his client and Gary.

The suit against the city "… is based on the actions of its police department related to the April 12, 2001, flashlight beating in which Cox sustained serious injuries," McArdle said Tuesday. "Following an investigation by the Alabama Bureau of Investigation, Officer Gary was indicted and subsequently convicted of assault on March 27, 2003."

Rick Manley, attorney for the city of Demopolis, said he could not comment on the case because he had yet to see a copy of the suit. According to McArdle, the suit was scheduled to be filed in court "first thing Wednesday morning."

The suit against the city and Gary fits into a circle of lawsuits being filed in the case. Gary was placed on leave after his indictment and was later released by the police department. He has filed a lawsuit against the city in connection with his termination.

In his suit, which will be filed in the circuit court of Marengo County, McArdle claims that his client, Cox, had his civil rights violated and that he was seriously injured as a result of Gary’s force against him.

Based on the actions McArdle feels were inappropriate, he said the city of Demopolis needs to learn a lesson from this case.