Hearing set for Tuesday in Darby wrongful death lawsuit

HUNTSVILLE, Ala. (WHNT) – A hearing is set for Tuesday in a wrongful death lawsuit against a former Huntsville Police officer and the city.

Former Huntsville Police Department (HPD) officer William Darby pleaded guilty to manslaughter in October 2023, ending a case that began in 2018. He had been facing a murder charge for the on-duty shooting of Jeffery Parker.

Darby’s saga included a murder conviction and reversal of that conviction , and he was set to go on trial again in December 2023 before entering the guilty plea.

Along with all the twists and turns of the criminal case, Parker’s family is also suing both Darby and the city for wrongful death and excessive force claims.

In the civil case, the city and Darby’s attorney’ are arguing that the courts cannot second guess an officer’s split-second decision regarding the use of force.

Parker’s family attorneys, however, are arguing that Darby’s guilty plea means he cannot deny that he acted with excessive force in shooting Parker – because the charge includes admitting he knew the risk to Parker and disregarded it. The plaintiffs are asking for summary judgment due to these factors.

A federal judge will look at both of these arguments on Tuesday at 10 a.m.

Darby’s plea agreement included a twenty-year sentence but Darby received credit from his prior prison term where he served 20 months and did not serve any additional prison time. The sentence includes three years probation and he waived his right to appeal, the DA’s office said.

You can read Darby’s entire sentencing order here.

News 19 will be in the courtroom for Tuesday’s hearing to provide the latest updates.

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