MYRTLE BEACH, SC (WMBF) - The attorney for Myrtle Beach filed a motion requesting summary judgment for the city in a federal lawsuit filed by a man who said his Fourth Amendment rights were violated when law enforcement officers stormed into his home while serving a narcotics warrant and shot him nine times, leaving him paralyzed from the waist down.
According to the motion filed Jan. 5 in the U.S. District Court in Florence, the city of Myrtle Beach contends that "there are no material issues of fact" and they are entitled to summary judgment in the lawsuit brought against the municipality by plaintiff Julian Betton.
A summary judgment is one entered by a judge, without a full trial.
"Plaintiff cannot show that his injury was caused by the City of Myrtle Beach's 'action pursuant to official municipal policy,' which included the decisions of a government's lawmakers, the acts of its policymaking officials, or practices so persistent and widespread as to practically have the force of law," the motion stated.
Court documents stated Myrtle Beach was named in Betton's lawsuit because it authorized the 15th Circuit Drug Enforcement Unit to "enforce drug laws within its municipal boundaries" and "contributed its employees to the DEU to assist the DEU in enforcing drug laws within its municipal boundaries."
Betton was paralyzed as a result of an April 2015 drug bust. He had been facing three charges of pointing and presenting a firearm and two charges of possession of drugs with intent to distribute, according to court records.
In March 2017, all gun charges against Betton were dropped, and he pleaded guilty to selling $100 worth of marijuana one time to a friend.
Originally, officers told the solicitor that Betton shot back, but the same report that cleared the officers from charges also found that Betton hadn't fired any weapons.