Lawsuit by Black resident alleges violent mistaken arrest by police in Farmington Hills

FARMINGTON HILLS, Mich. (FOX 2) - A Farmington Hills man is suing the city's police department after his violent arrest. 

"Guess what, city of Farmington Hills Police Department, all Black people do not alike," said attorney Dionne Webster Cox.

Cox is spearheading a federal lawsuit filed against Farmington Hills police alleging they wrongfully detained and roughed up David Hurley, a 59-year-old father.

"My client was sitting at his window sees a man, a Black man, running outside his window," Cox said. "He goes out to see what's going on, he goes around his house. And the next thing you know, he's being tackled by the police."

And Hurley alleges that the officer put a knee to his neck- like George Floyd.

"I couldn't breathe," Hurley said. "And I expressed that to the officer. I said, 'Officer I can't breathe, what you're doing is killing me.'"

"'I couldn't breathe,'" said Chayse Hurley, his daughter. "That phrase just echoes in my mind- it could've been him so easily."

Now the white police officers eventually caught the real criminal - but is this incident racial?

"I'd say it's all racial, because they were all white," said Cox. "I would say it's all racial, because the two men were Black. I would say it's all racial because they were already after one Black man, who looks nothing like my client. And when my client comes out of his house, they jump on him - another Black man. So is it racial? Absolutely it's racial."

FOX 2 spoke to Farmington Hills Police Chief Jeff King who - would not get into specifics about the defense. King said his officers acted appropriately, and they will "vigorously defend the lawsuit in court."

No court date has yet been set.

"I'm almost in my pajamas," Hurley said. "My pants are hanging. How can I resist arrest?"

Attorney Dionne Webster Cox, left, and David Hurley.